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LRB-2055/1
MPG:amn&cjs
2021 - 2022 LEGISLATURE
February 23, 2022 - Introduced by Senator Kooyenga. Referred to Committee on
Veterans and Military Affairs and Constitution and Federalism.
SB1026,2,8 1An Act to repeal 16.283 (1) (b), 16.283 (3) (c), 45.12 (1) (a) and 45.12 (3); to
2renumber and amend
16.75 (3m) (a) 1., 16.75 (3m) (a) 2., 16.75 (3m) (a) 3.,
316.87 (1) (am), 18.16 (1) (a), 18.16 (1) (b), 18.64 (1) (a), 18.64 (1) (b), 18.77 (1) (a),
418.77 (1) (b), 25.185 (1) (a), 25.185 (1) (b), 45.12 (1) (b) 1., 2. and 3., 84.075 (1c)
5(a), 200.57 (1) (a), 229.46 (1) (ag), 229.70 (1) (ag), 229.8273 (1) (am) and 229.845
6(1) (ag); to consolidate, renumber and amend 45.12 (1) (intro.) and (b)
7(intro.); to amend 16.283 (title), 16.283 (2) (title), 16.283 (3) (title), 16.283 (3)
8(b) 1m. b., 16.283 (3) (b) 2m., 16.75 (3m) (b) 2., 16.75 (3m) (b) 3., 16.75 (3m) (c)
91., 16.75 (3m) (c) 2. b., 16.75 (3m) (c) 2. d., 16.75 (3m) (c) 3., 16.75 (3m) (c) 4.,
1016.75 (3m) (c) 5. b., 16.855 (10m) (ac), 16.855 (10m) (am) 2., 16.855 (10m) (am)
113., 16.855 (10m) (b), 16.855 (10m) (c), 16.87 (2) (c), 18.16 (title), 18.16 (2) (b),
1218.16 (3) (b), 18.16 (4) (b), 18.16 (5) (b), 18.16 (6), 18.64 (title), 18.64 (2) (b), 18.64
13(3) (b), 18.64 (4) (b), 18.64 (5) (b), 18.64 (6), 18.77 (title), 18.77 (2) (b), 18.77 (3)
14(b), 18.77 (4) (b), 18.77 (5) (b), 18.77 (6), 20.505 (1) (gr), 23.41 (6) (b), 25.185

1(title), 25.185 (2) (b), 25.185 (3), 45.12 (4), 84.075 (title), 84.075 (1m) (b), 84.075
2(1m) (c), 84.075 (2), 84.075 (3), 85.25 (2) (c) 2m., 200.57 (title), 200.57 (3), 229.46
3(2) (intro.), 229.46 (3) (intro.), 229.70 (title), 229.70 (2), 229.70 (3) (intro.),
4229.70 (4), 229.70 (5) (b) 1., 229.70 (5) (b) 2., 229.70 (5) (b) 3., 229.8273 (title),
5229.8273 (2), 229.8273 (3), 229.8273 (5) (b) 1., 229.8273 (5) (b) 2., 229.8273 (5)
6(b) 3., 229.845 (title), 229.845 (2), 231.29 (title) and 234.36 (title); and to create
716.283 (1) (g) of the statutes; relating to: disabled veteran-owned business
8certification 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 9Section 1. 16.283 (title) of the statutes is amended to read:
SB1026,2,10 1016.283 (title) Disabled veteran-owned Veteran-owned businesses.
SB1026,2 11Section 2. 16.283 (1) (b) of the statutes is repealed.
SB1026,3 12Section 3. 16.283 (1) (g) of the statutes is created to read:
SB1026,2,1313 16.283 (1) (g) “Veteran” has the meaning given in s. 45.01 (12).
SB1026,4 14Section 4. 16.283 (2) (title) of the statutes is amended to read:
SB1026,2,1515 16.283 (2) (title) Disabled veteran-owned Veteran-owned business database.
SB1026,5
1Section 5. 16.283 (3) (title) of the statutes is amended to read:
SB1026,3,32 16.283 (3) (title) Disabled veteran-owned Veteran-owned business, financial
3adviser, and investment firm certification.
SB1026,6 4Section 6. 16.283 (3) (b) 1m. b. of the statutes is amended to read:
SB1026,3,85 16.283 (3) (b) 1m. b. One or more disabled veterans or one or more duly
6authorized representatives of one or more disabled veterans controls the
7management and daily business operations of the business, financial adviser, or
8investment firm.
SB1026,7 9Section 7. 16.283 (3) (b) 2m. of the statutes is amended to read:
SB1026,3,1810 16.283 (3) (b) 2m. The department may, without conducting an investigation,
11certify a business, financial adviser, or investment firm having its principal place of
12business in this state and currently performing a useful business function if the
13business, financial advisor, or investment firm is certified, or otherwise classified, as
14a disabled veteran-owned business, financial advisor, or investment firm by an
15agency or municipality of this or another state, a federally recognized American
16Indian tribe, or the federal government, or by a private business with expertise in
17certifying disabled veteran-owned businesses if the business uses substantially the
18same procedures the department uses in making a determination under subd. 1m.
SB1026,8 19Section 8. 16.283 (3) (c) of the statutes is repealed.
SB1026,9 20Section 9 . 16.75 (3m) (a) 1. of the statutes is renumbered 16.75 (3m) (a) 5. and
21amended to read:
SB1026,3,2322 16.75 (3m) (a) 5. “Disabled veteran-owned “Veteran-owned business" means
23a business certified by the department of administration under s. 16.283 (3).
SB1026,10 24Section 10 . 16.75 (3m) (a) 2. of the statutes is renumbered 16.75 (3m) (a) 6.
25and amended to read:
SB1026,4,3
116.75 (3m) (a) 6. “Disabled veteran-owned “Veteran-owned financial adviser"
2means a financial adviser certified by the department of administration under s.
316.283 (3).
SB1026,11 4Section 11 . 16.75 (3m) (a) 3. of the statutes is renumbered 16.75 (3m) (a) 7. and
5amended to read:
SB1026,4,86 16.75 (3m) (a) 7. “Disabled veteran-owned “Veteran-owned investment firm"
7means an investment firm certified by the department of administration under s.
816.283 (3).
SB1026,12 9Section 12 . 16.75 (3m) (b) 2. of the statutes is amended to read:
SB1026,4,1410 16.75 (3m) (b) 2. The department, any agency to which the department
11delegates purchasing authority under s. 16.71 (1), and any agency making purchases
12under s. 16.74 shall attempt exhaust all efforts to ensure that at least 1 percent of
13the total amount expended under this subchapter in each fiscal year is paid to
14disabled veteran-owned businesses.
SB1026,13 15Section 13 . 16.75 (3m) (b) 3. of the statutes is amended to read:
SB1026,5,416 16.75 (3m) (b) 3. Except as provided under sub. (7), the department, any agency
17to which the department delegates purchasing authority under s. 16.71 (1), and any
18agency making purchases under s. 16.74 may shall make every effort to purchase
19materials, supplies, equipment, and contractual services from any minority business
20or disabled veteran-owned business, or a business that is both a minority business
21and a disabled veteran-owned business, submitting a qualified responsible
22competitive bid that is no more than 5 percent higher than the apparent low bid or
23competitive proposal that is no more than 5 percent higher than the most
24advantageous proposal. In administering the preference for minority businesses or
25disabled veteran-owned businesses established in this paragraph, the department,

1the delegated agency, and any agency making purchases under s. 16.74 shall
2maximize the use of minority businesses or disabled veteran-owned businesses
3which are incorporated under ch. 180 or which have their principal place of business
4in this state.
SB1026,14 5Section 14 . 16.75 (3m) (c) 1. of the statutes is amended to read:
SB1026,5,96 16.75 (3m) (c) 1. After completing any contract under this subchapter, the
7contractor shall report to the agency that awarded the contract any amount of the
8contract that was subcontracted to minority businesses and any amount of the
9contract that was subcontracted to disabled veteran-owned businesses.
SB1026,15 10Section 15 . 16.75 (3m) (c) 2. b. of the statutes is amended to read:
SB1026,5,1311 16.75 (3m) (c) 2. b. The total amount of money and the percentage of the total
12amount of money it has expended for contracts and orders awarded to disabled
13veteran-owned businesses.
SB1026,16 14Section 16 . 16.75 (3m) (c) 2. d. of the statutes is amended to read:
SB1026,5,1615 16.75 (3m) (c) 2. d. The number of contacts with disabled veteran-owned
16businesses in connection with proposed purchases.
SB1026,17 17Section 17 . 16.75 (3m) (c) 3. of the statutes is amended to read:
SB1026,5,2218 16.75 (3m) (c) 3. The department shall maintain and annually publish data on
19state purchases from minority businesses and on state purchases from disabled
20veteran-owned businesses, including amounts expended and the percentage of total
21expenditures awarded to minority businesses and amounts expended and the
22percentage of total expenditures awarded to disabled veteran-owned businesses.
SB1026,18 23Section 18 . 16.75 (3m) (c) 4. of the statutes is amended to read:
SB1026,6,1624 16.75 (3m) (c) 4. The department shall annually prepare and submit a report
25to the governor and to the chief clerk of each house of the legislature, for distribution

1to the appropriate standing committees under s. 13.172 (3), on the total amount of
2money paid to and the amount of indebtedness or other obligations underwritten by
3minority businesses, minority financial advisers, minority investment firms,
4disabled veteran-owned businesses, disabled veteran-owned financial advisers,
5and disabled veteran-owned investment firms under the requirements of this
6subsection and ss. 16.855 (10m), 16.87 (2), 25.185, 84.075 and 565.25 (2) (a) 3. and
7on this state's progress toward achieving compliance with par. (b) and ss. 16.855
8(10m) (am) and (10n), 16.87 (2), 25.185, and 84.075 (1m). The report shall also
9include the percentage of the total amount of money paid to and the percentage of
10the total amount of indebtedness or other obligations underwritten by disabled
11veteran-owned businesses, disabled veteran-owned financial advisers, and
12disabled veteran-owned investment firms. In calculating the percentages to be
13reported under this subsection, the department shall exclude any purchase or
14contract for which a preference would violate any federal law or regulation or any
15contract between an agency and a federal agency or any contract that would result
16in a reduction in the amount of federal aids received by this state.
SB1026,19 17Section 19 . 16.75 (3m) (c) 5. b. of the statutes is amended to read:
SB1026,6,2118 16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract
19is made with a disabled veteran-owned business, the department shall include only
20amounts paid to disabled veteran-owned businesses certified by the department of
21administration under s. 16.283 (3).
SB1026,20 22Section 20. 16.855 (10m) (ac) of the statutes is amended to read:
SB1026,6,2423 16.855 (10m) (ac) In this subsection, “disabled veteran-owned business"
24means a business certified by the department of administration under s. 16.283 (3).
SB1026,21 25Section 21. 16.855 (10m) (am) 2. of the statutes is amended to read:
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