SB1026: Bill Text

LRB-2055/1

MPG:amn&cjs

2021 - 2022 LEGISLATURE

2021 Senate BILL 1026

February 23, 2022 - Introduced by Senator Kooyenga. Referred to Committee on Veterans and Military Affairs and Constitution and Federalism.

SB1026,2,8 An Act to repeal 16.283 (1) (b), 16.283 (3) (c), 45.12 (1) (a) and 45.12 (3); to renumber and amend 16.75 (3m) (a) 1., 16.75 (3m) (a) 2., 16.75 (3m) (a) 3., 16.87 (1) (am), 18.16 (1) (a), 18.16 (1) (b), 18.64 (1) (a), 18.64 (1) (b), 18.77 (1) (a), 18.77 (1) (b), 25.185 (1) (a), 25.185 (1) (b), 45.12 (1) (b) 1., 2. and 3., 84.075 (1c) (a), 200.57 (1) (a), 229.46 (1) (ag), 229.70 (1) (ag), 229.8273 (1) (am) and 229.845 (1) (ag); to consolidate, renumber and amend 45.12 (1) (intro.) and (b) (intro.); to amend 16.283 (title), 16.283 (2) (title), 16.283 (3) (title), 16.283 (3) (b) 1m. b., 16.283 (3) (b) 2m., 16.75 (3m) (b) 2., 16.75 (3m) (b) 3., 16.75 (3m) (c) 1., 16.75 (3m) (c) 2. b., 16.75 (3m) (c) 2. d., 16.75 (3m) (c) 3., 16.75 (3m) (c) 4., 16.75 (3m) (c) 5. b., 16.855 (10m) (ac), 16.855 (10m) (am) 2., 16.855 (10m) (am) 3., 16.855 (10m) (b), 16.855 (10m) (c), 16.87 (2) (c), 18.16 (title), 18.16 (2) (b), 18.16 (3) (b), 18.16 (4) (b), 18.16 (5) (b), 18.16 (6), 18.64 (title), 18.64 (2) (b), 18.64 (3) (b), 18.64 (4) (b), 18.64 (5) (b), 18.64 (6), 18.77 (title), 18.77 (2) (b), 18.77 (3) (b), 18.77 (4) (b), 18.77 (5) (b), 18.77 (6), 20.505 (1) (gr), 23.41 (6) (b), 25.185 (title), 25.185 (2) (b), 25.185 (3), 45.12 (4), 84.075 (title), 84.075 (1m) (b), 84.075 (1m) (c), 84.075 (2), 84.075 (3), 85.25 (2) (c) 2m., 200.57 (title), 200.57 (3), 229.46 (2) (intro.), 229.46 (3) (intro.), 229.70 (title), 229.70 (2), 229.70 (3) (intro.), 229.70 (4), 229.70 (5) (b) 1., 229.70 (5) (b) 2., 229.70 (5) (b) 3., 229.8273 (title), 229.8273 (2), 229.8273 (3), 229.8273 (5) (b) 1., 229.8273 (5) (b) 2., 229.8273 (5) (b) 3., 229.845 (title), 229.845 (2), 231.29 (title) and 234.36 (title); and to create 16.283 (1) (g) of the statutes; relating to: disabled veteran-owned business certification program.

Analysis by the Legislative Reference Bureau

Under current law, the Department of Administration administers a disabled veteran-owned business certification program. A business that qualifies for and maintains certification as a disabled veteran-owned business may be eligible to receive certain advantages bidding on public contracts, as well as other benefits.

This bill converts the disabled veteran-owned business certification program to a veteran-owned business certification program. The bill also eliminates DOA's authority to charge a certification fee to cover its costs to administer that certification program.

For further information see the state 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:

SB1026,1 Section 1. 16.283 (title) of the statutes is amended to read:

SB1026,2,10 16.283 (title) Disabled veteran-owned Veteran-owned businesses.

SB1026,2 Section 2. 16.283 (1) (b) of the statutes is repealed.

SB1026,3 Section 3. 16.283 (1) (g) of the statutes is created to read:

SB1026,2,13 16.283 (1) (g) “Veteran” has the meaning given in s. 45.01 (12).

SB1026,4 Section 4. 16.283 (2) (title) of the statutes is amended to read:

SB1026,2,15 16.283 (2) (title) Disabled veteran-owned Veteran-owned business database.

SB1026,5 Section 5. 16.283 (3) (title) of the statutes is amended to read:

SB1026,3,3 16.283 (3) (title) Disabled veteran-owned Veteran-owned business, financial adviser, and investment firm certification.

SB1026,6 Section 6. 16.283 (3) (b) 1m. b. of the statutes is amended to read:

SB1026,3,8 16.283 (3) (b) 1m. b. One or more disabled veterans or one or more duly authorized representatives of one or more disabled veterans controls the management and daily business operations of the business, financial adviser, or investment firm.

SB1026,7 Section 7. 16.283 (3) (b) 2m. of the statutes is amended to read:

SB1026,3,18 16.283 (3) (b) 2m. 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 advisor, or investment firm is certified, or otherwise classified, as a disabled veteran-owned business, financial advisor, 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 disabled veteran-owned businesses if the business uses substantially the same procedures the department uses in making a determination under subd. 1m.

SB1026,8 Section 8. 16.283 (3) (c) of the statutes is repealed.

SB1026,9 Section 9 . 16.75 (3m) (a) 1. of the statutes is renumbered 16.75 (3m) (a) 5. and amended to read:

SB1026,3,23 16.75 (3m) (a) 5. “Disabled veteran-owned “Veteran-owned business" means a business certified by the department of administration under s. 16.283 (3).

SB1026,10 Section 10 . 16.75 (3m) (a) 2. of the statutes is renumbered 16.75 (3m) (a) 6. and amended to read:

SB1026,4,3 16.75 (3m) (a) 6. “Disabled veteran-owned “Veteran-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.283 (3).

SB1026,11 Section 11 . 16.75 (3m) (a) 3. of the statutes is renumbered 16.75 (3m) (a) 7. and amended to read:

SB1026,4,8 16.75 (3m) (a) 7. “Disabled veteran-owned “Veteran-owned investment firm" means an investment firm certified by the department of administration under s. 16.283 (3).

SB1026,12 Section 12 . 16.75 (3m) (b) 2. of the statutes is amended to read:

SB1026,4,14 16.75 (3m) (b) 2. 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 exhaust all efforts to ensure that at least 1 percent of the total amount expended under this subchapter in each fiscal year is paid to disabled veteran-owned businesses.

SB1026,13 Section 13 . 16.75 (3m) (b) 3. of the statutes is amended to read:

SB1026,5,4 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 shall make every effort to purchase materials, supplies, equipment, and contractual services from any minority business or disabled veteran-owned business, or a business that is both a minority business and a disabled veteran-owned business, 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 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 are incorporated under ch. 180 or which have their principal place of business in this state.

SB1026,14 Section 14 . 16.75 (3m) (c) 1. of the statutes is amended to read:

SB1026,5,9 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.

SB1026,15 Section 15 . 16.75 (3m) (c) 2. b. of the statutes is amended to read:

SB1026,5,13 16.75 (3m) (c) 2. b. The total amount of money and the percentage of the total amount of money it has expended for contracts and orders awarded to disabled veteran-owned businesses.

SB1026,16 Section 16 . 16.75 (3m) (c) 2. d. of the statutes is amended to read:

SB1026,5,16 16.75 (3m) (c) 2. d. The number of contacts with disabled veteran-owned businesses in connection with proposed purchases.

SB1026,17 Section 17 . 16.75 (3m) (c) 3. of the statutes is amended to read:

SB1026,5,22 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, 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.

SB1026,18 Section 18 . 16.75 (3m) (c) 4. of the statutes is amended to read:

SB1026,6,16 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 investment firms, disabled veteran-owned businesses, disabled veteran-owned financial advisers, and disabled veteran-owned 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. 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.

SB1026,19 Section 19 . 16.75 (3m) (c) 5. b. of the statutes is amended to read:

SB1026,6,21 16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract is made with a disabled veteran-owned business, the department shall include only amounts paid to disabled veteran-owned businesses certified by the department of administration under s. 16.283 (3).

SB1026,20 Section 20. 16.855 (10m) (ac) of the statutes is amended to read:

SB1026,6,24 16.855 (10m) (ac) In this subsection, “disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 (3).

SB1026,21 Section 21. 16.855 (10m) (am) 2. of the statutes is amended to read:

SB1026,7,4 16.855 (10m) (am) 2. In awarding construction contracts, the department shall attempt exhaust all efforts to ensure that 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.

SB1026,22 Section 22. 16.855 (10m) (am) 3. of the statutes is amended to read:

SB1026,7,10 16.855 (10m) (am) 3. The department may shall make every effort to award any contract to a minority business or disabled veteran-owned business, or a business that is both a minority business and a disabled veteran-owned business, 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.

SB1026,23 Section 23. 16.855 (10m) (b) of the statutes is amended to read:

SB1026,7,14 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.

SB1026,24 Section 24. 16.855 (10m) (c) of the statutes is amended to read:

SB1026,7,18 16.855 (10m) (c) The department shall maintain and annually publish data on contracts awarded to minority businesses and disabled veteran-owned businesses under this subsection and ss. 16.87 and 84.075.

SB1026,25 Section 25. 16.87 (1) (am) of the statutes is renumbered 16.87 (1) (d) and amended to read:

SB1026,7,22 16.87 (1) (d) “Disabled veteran-owned “Veteran-owned business" means a business certified by the department of administration under s. 16.283 (3).

SB1026,26 Section 26. 16.87 (2) (c) of the statutes is amended to read:

SB1026,8,3 16.87 (2) (c) The department shall attempt exhaust all efforts 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.

SB1026,27 Section 27. 18.16 (title) of the statutes is amended to read:

SB1026,8,6 18.16 (title) Minority financial advisers and investment firms; disabled veteran-owned financial advisers and investment firms.

SB1026,28 Section 28. 18.16 (1) (a) of the statutes is renumbered 18.16 (1) (e) and amended to read:

SB1026,8,11 18.16 (1) (e) “Disabled veteran-owned “Veteran-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.283 (3).

SB1026,29 Section 29. 18.16 (1) (b) of the statutes is renumbered 18.16 (1) (f) and amended to read:

SB1026,8,16 18.16 (1) (f) “Disabled veteran-owned “Veteran-owned investment firm" means an investment firm certified by the department of administration under s. 16.283 (3).

SB1026,30 Section 30. 18.16 (2) (b) of the statutes is amended to read: