AB68: Bill Text

AB68,120 Section 120. 16.313 of the statutes is repealed.

AB68,121 Section 121. 16.40 (24) of the statutes is created to read:

AB68,254,19 16.40 (24) Worker misclassification outreach. Direct all departments to provide targeted educational outreach regarding worker misclassification in English, Spanish, and other languages spoken by a significant number of individuals in this state, to employers, workers, and organizations that serve vulnerable populations, including individuals with limited English proficiency. The outreach shall emphasize the appropriate departments to contact and the rights of individuals to remain anonymous when reporting worker misclassification.

AB68,122 Section 122. 16.51 (7) of the statutes is amended to read:

AB68,255,18 16.51 (7) Audit claims for expenses in connection with prisoners and juveniles in juvenile correctional facilities. Receive, examine, determine, and audit claims, duly certified and approved by the department of corrections, from the county clerk of any county in, city, village, or town, on behalf of the county, city, village, or town, which are presented for payment to reimburse the county reimbursement for certain expenses incurred or paid by it in reference to all matters growing out of actions and proceedings involving prisoners in state prisons, as defined in s. 302.01, or juveniles in juvenile correctional facilities, as defined in s. 938.02 (10p), including prisoners or juveniles transferred to a mental health institute for observation or treatment, when the. The department shall reimburse a county under this subsection for expenses relating to actions or proceedings that are commenced in counties in which the prisons or juvenile correctional facilities are located by a district attorney or by the prisoner or juvenile as a postconviction remedy or a matter involving the prisoner's status as a prisoner or the juvenile's status as a resident of a juvenile correctional facility and for certain expenses incurred or paid by it the county in reference to holding those juveniles in secure custody while those actions or proceedings are pending. The department shall reimburse a county, city, village, or town under this subsection for expenses relating to law enforcement investigative services that it provided for an incident involving a prisoner in a state prison or a juvenile in a juvenile correctional facility within its jurisdiction. Expenses shall only include the amounts that were necessarily incurred and actually paid and shall be no more than the legitimate cost would be to any other county jurisdiction had the offense or crime occurred therein.

AB68,123 Section 123. 16.705 (1b) (d) of the statutes is amended to read:

AB68,255,21 16.705 (1b) (d) The department of financial institutions under s. 224.51 or the small business retirement savings board under s. 224.56.

AB68,124 Section 124. 16.71 (5r) of the statutes is amended to read:

AB68,255,25 16.71 (5r) The department shall delegate authority to the department of financial institutions to enter into vendor contracts under s. 224.51 and to the small business retirement savings board to enter into vendor contracts under s. 224.56.

AB68,125 Section 125. 16.75 (1p) of the statutes is repealed.

AB68,126 Section 126. 16.75 (3m) (a) 1. of the statutes is renumbered 16.75 (3m) (a) 1j.

AB68,127 Section 127. 16.75 (3m) (a) 1e. of the statutes is created to read:

AB68,256,6 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).

AB68,128 Section 128 . 16.75 (3m) (a) 1f. of the statutes is created to read:

AB68,256,9 16.75 (3m) (a) 1f. “Disability-owned financial adviser" means a financial adviser certified by the department under s. 16.289 (3).

AB68,129 Section 129 . 16.75 (3m) (a) 1g. of the statutes is created to read:

AB68,256,12 16.75 (3m) (a) 1g. “Disability-owned investment firm" means an investment firm certified by the department under s. 16.289 (3).

AB68,130 Section 130. 16.75 (3m) (a) 3q. of the statutes is created to read:

AB68,256,16 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).

AB68,131 Section 131 . 16.75 (3m) (a) 3r. of the statutes is created to read:

AB68,256,19 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).

AB68,132 Section 132 . 16.75 (3m) (a) 3s. of the statutes is created to read:

AB68,256,22 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).

AB68,133 Section 133. 16.75 (3m) (b) 2g. of the statutes is created to read:

AB68,257,3 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.

AB68,134 Section 134. 16.75 (3m) (b) 2r. of the statutes is created to read:

AB68,257,9 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.

AB68,135 Section 135. 16.75 (3m) (b) 3. of the statutes is amended to read:

AB68,258,2 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.

AB68,136 Section 136. 16.75 (3m) (c) 1. of the statutes is amended to read:

AB68,258,10 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.

AB68,137 Section 137. 16.75 (3m) (c) 2. e. of the statutes is created to read:

AB68,258,14 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.

AB68,138 Section 138. 16.75 (3m) (c) 2. f. of the statutes is created to read:

AB68,258,17 16.75 (3m) (c) 2. f. The number of contacts with lesbian, gay, bisexual, or transgender-owned businesses in connection with proposed purchases.

AB68,139 Section 139. 16.75 (3m) (c) 2. g. of the statutes is created to read:

AB68,258,21 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.

AB68,140 Section 140. 16.75 (3m) (c) 2. h. of the statutes is created to read:

AB68,258,24 16.75 (3m) (c) 2. h. The number of contacts with disability-owned businesses in connection with proposed purchases.

AB68,141 Section 141. 16.75 (3m) (c) 3. of the statutes is amended to read:

AB68,259,8 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.

AB68,142 Section 142. 16.75 (3m) (c) 4. of the statutes is amended to read:

AB68,260,7 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.

AB68,143 Section 143. 16.75 (3m) (c) 5. a. of the statutes is amended to read:

AB68,260,14 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.

AB68,144 Section 144. 16.765 (1) of the statutes is amended to read:

AB68,261,2 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin and, except with respect to sexual orientation, gender expression, and gender identity, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB68,145 Section 145. 16.765 (2) of the statutes is amended to read:

AB68,261,22 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, gender expression, and gender identity, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause". clause.”

AB68,146 Section 146 . 16.84 (2m) of the statutes is repealed.

AB68,147 Section 147. 16.855 (1p) of the statutes is repealed.

AB68,148 Section 148. 16.855 (10m) (ac) of the statutes is renumbered 16.855 (10m) (ac) (intro.) and amended to read:

AB68,262,3 16.855 (10m) (ac) (intro.) In this subsection, “ disabled:

AB68,262,5 2. “Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 (3).

AB68,149 Section 149. 16.855 (10m) (ac) 1. of the statutes is created to read:

AB68,262,8 16.855 (10m) (ac) 1. “Disability-owned business” means a business certified by the department under s. 16.289 (3).

AB68,150 Section 150. 16.855 (10m) (ac) 3. of the statutes is created to read:

AB68,262,11 16.855 (10m) (ac) 3. “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department under s. 16.288 (3).

AB68,151 Section 151. 16.855 (10m) (am) 2g. of the statutes is created to read:

AB68,262,16 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.

AB68,152 Section 152. 16.855 (10m) (am) 2r. of the statutes is created to read:

AB68,262,21 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.

AB68,153 Section 153. 16.855 (10m) (am) 3. of the statutes is amended to read:

AB68,263,3 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.

AB68,154 Section 154. 16.855 (10m) (b) of the statutes is amended to read:

AB68,263,8 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.

AB68,155 Section 155. 16.855 (10m) (c) of the statutes is amended to read:

AB68,263,13 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.

AB68,156 Section 156. 16.865 (8) of the statutes is amended to read:

AB68,264,4 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, and litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB68,157 Section 157. 16.865 (8m) of the statutes is created to read:

AB68,264,14 16.865 (8m) Charge premiums to agencies to pay the actual cost of insurance contracts under sub. (5). The department shall deposit all collections under this subsection into the appropriation account under s. 20.505 (kj). In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB68,158 Section 158. 16.87 (1) (aL) of the statutes is created to read:

AB68,264,17 16.87 (1) (aL) “Disability-owned business” means a business certified by the department under s. 16.289 (3).

AB68,159 Section 159. 16.87 (1) (br) of the statutes is created to read:

AB68,264,21 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).

AB68,160 Section 160. 16.87 (2) (d) of the statutes is created to read:

AB68,264,25 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.

AB68,161 Section 161. 16.87 (2) (e) of the statutes is created to read:

AB68,265,4 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.

AB68,162 Section 162. 16.954 of the statutes is created to read:

AB68,265,7 16.954 Office of sustainability and clean energy. (1) Definitions. In this section:

AB68,265,8 (a) “Office” means the office of sustainability and clean energy.

AB68,265,9 (b) “Public utility” has the meaning given in s. 196.01 (5).

AB68,265,11 (2) Initiatives. The office shall work on initiatives that have the following goals:

AB68,265,13 (a) Promoting the development and use of clean and renewable energy across this state.

AB68,265,16 (b) Advancing innovative sustainability solutions in ways that improve this state's economy and environment, including energy initiatives that reduce carbon emissions, accelerate economic growth, and lower customer energy costs.

AB68,265,19 (c) Diversifying the resources used to reliably meet the energy needs of consumers in this state and generate family-supporting jobs through the expansion of this state's clean energy economy.

AB68,265,20 (3) Other duties. The office shall do all of the following: