AB43: Bill Text

AB43,2490 Section 2490. 229.70 (2) of the statutes is amended to read:

AB43,,6816 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 percent of the employees hired because of the contract will be minority group members, at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business, at least 1 percent of the employees hired because of the contract will be employees of a lesbian, gay, bisexual, or transgender-owned business, at least 1 percent of the employees hired because of the contract will be employees of a disability-owned business, and at least 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.

AB43,2491 Section 2491. 229.70 (3) (intro.) of the statutes is amended to read:

AB43,,6818 229.70 (3) (intro.) It shall be a goal of the district to ensure that at least 25 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to minority businesses, 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, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to disability-owned businesses, and at least 5 percent of the aggregate dollar value of contracts awarded by the district in the following areas shall be awarded to women’s businesses:

AB43,2492 Section 2492. 229.70 (4) of the statutes is amended to read:

AB43,,6820 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 percent of the dollar value of such contracts to minority businesses, at least 1 percent of the dollar value of such contracts to disabled veteran-owned businesses, at least 1 percent of the dollar value of such contracts to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the dollar value of such contracts to disability-owned businesses, and at least 5 percent of the dollar value of such contracts to women’s businesses.

AB43,2493 Section 2493. 229.70 (4m) (a) of the statutes is amended to read:

AB43,,6822 229.70 (4m) (a) 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 if he or she is unable to meet the goal under sub. (2), he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the facilities are to be constructed or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the construction work or professional services.

AB43,2494 Section 2494. 229.70 (4m) (b) of the statutes is amended to read:

AB43,,6824 229.70 (4m) (b) If the district is unable to meet the goals under subs. (3) and (4), the district shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under sub. (3) (a), (b) and (c) are to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the contracts described under sub. (3) (a), (b) and (c).

AB43,2495 Section 2495. 229.70 (5) (b) 1. of the statutes is amended to read:

AB43,,6826 229.70 (5) (b) 1. The supply of eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women’s businesses that have the financial capacity, technical capacity, and previous experience in the areas in which contracts were awarded.

AB43,2496 Section 2496. 229.70 (5) (b) 2. of the statutes is amended to read:

AB43,,6828 229.70 (5) (b) 2. The competing demands for the services provided by eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women’s businesses, as described in subd. 1., in areas in which contracts were awarded.

AB43,2497 Section 2497. 229.70 (5) (b) 3. of the statutes is amended to read:

AB43,,6830 229.70 (5) (b) 3. The extent to which the district or contractors advertised for and aggressively solicited bids from eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women’s businesses, as described in subd. 1., and the extent to which eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women’s businesses submitted bids.

AB43,2498 Section 2498. 229.70 (6) of the statutes is amended to read:

AB43,,6832 229.70 (6) The district shall solicit from any major league professional baseball club team to whom the district leases baseball park facilities its minority hiring goals in connection with the operation of a baseball stadium and its minority contracting goals in connection with vending contractors at a baseball stadium.

AB43,2499 Section 2499. 229.71 of the statutes is amended to read:

AB43,,6834 229.71 Dissolution of a district. Subject Upon or after the expiration or termination of all lease arrangements between the district and a professional baseball team with respect to the baseball park facilities, and subject to providing for the payment of its bonds, including interest on the bonds, and the performance of its other contractual obligations, a district may be dissolved by the action of the district board. If the district is dissolved, the property of the district shall be transferred to the state. The state shall apportion and distribute property transferred under this section among the state and the counties in the jurisdiction of the district, based on the tax revenues derived from each county and the appropriation made by the state under s. 20.505 (1) (bm), as determined by the secretary of administration.

AB43,2500 Section 2500. 229.75 (3) of the statutes is amended to read:

AB43,,6836 229.75 (3) Bonds issued by the district shall be secured only by the district’s interest in any baseball park facilities, including any interest in a lease with the department of administration under s. 16.82 (7); by income from these facilities; by proceeds of bonds issued by the district and other amounts placed in a special redemption fund and investment earnings on such amounts; and by the taxes imposed by the district under subch. V of ch. 77, 2021 stats. The district may not pledge its full faith and credit on the bonds and the bonds are not a liability of the district.

AB43,2501 Section 2501. 229.76 of the statutes is amended to read:

AB43,,6838 229.76 State pledge. The state pledges to and agrees with the bondholders, and persons that enter into contracts with a district under this subchapter, that the state will not limit or alter the rights and powers vested in a district by this subchapter, including the rights and powers under s. 229.68 (15), before the district has fully met and discharged the bonds, and any interest due on the bonds, and has fully performed its contracts, unless adequate provision is made by law for the protection of the bondholders or those entering into contracts with a district.

AB43,2502 Section 2502. 229.8273 (title) of the statutes is amended to read:

AB43,,6840 229.8273 (title) Minority, disabled veteran, lesbian, gay, bisexual, or transgender, disability, and women contracting.

AB43,2503 Section 2503. 229.8273 (1) (ak) of the statutes is created to read:

AB43,,6842 229.8273 (1) (ak) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).

AB43,2504 Section 2504. 229.8273 (1) (am) of the statutes is renumbered 229.8273 (1) (cm) and amended to read:

AB43,,6844 229.8273 (1) (cm) “Disabled veteran-owned Veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).

AB43,2505 Section 2505. 229.8273 (1) (ar) of the statutes is created to read:

AB43,,6846 229.8273 (1) (ar) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).

AB43,2506 Section 2506. 229.8273 (2) of the statutes is amended to read:

AB43,,6848 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 percent of the employees hired because of the contract will be minority group members, at least 1 percent of the employees hired because of the contract will be employees of a disabled veteran-owned business, at least 1 percent of the employees hired because of the contract will be employees of a lesbian, gay, bisexual, or transgender-owned business, at least 1 percent of the employees hired because of the contract will be employees of a disability-owned business, and at least 5 percent of the employees hired because of the contract will be women.

AB43,2507 Section 2507. 229.8273 (3) of the statutes is amended to read:

AB43,,6850 229.8273 (3) It shall be a goal of the district to ensure that at least 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, at least 1 percent of the aggregate dollar value of contracts awarded by the board shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the board shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of contracts awarded by the board shall be awarded to disability-owned businesses, and at least 5 percent of the aggregate dollar value of contracts awarded by the board shall be awarded to women’s businesses.

AB43,2508 Section 2508. 229.8273 (4) (a) of the statutes is amended to read:

AB43,,6852 229.8273 (4) (a) The district shall ensure that, for construction or renovation work and professional services contracts described under sub. (2), 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 if he or she is unable to meet the goal under sub. (2), he or she shall make a good faith effort to contract with the technical college district board of the technical college district in which the football stadium facilities are to be constructed or renovated, or the professional services contract is to be performed, to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the construction work or professional services.

AB43,2509 Section 2509. 229.8273 (4) (b) of the statutes is amended to read:

AB43,,6854 229.8273 (4) (b) If the district is unable to meet the goals under sub. (3), the district shall make a good faith effort to contract with the technical college district board of the technical college district in which the contracts described under sub. (3) are to be performed to develop appropriate training programs designed to increase the pool of minority group members, disabled veterans, lesbian, gay, bisexual, or transgender individuals, individuals with a disability, and women who are qualified to perform the contracts described under sub. (3).

AB43,2510 Section 2510. 229.8273 (5) (b) 1. of the statutes is amended to read:

AB43,,6856 229.8273 (5) (b) 1. The supply of eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women’s businesses that have the financial capacity, technical capacity and previous experience in the areas in which contracts were awarded.

AB43,2511 Section 2511. 229.8273 (5) (b) 2. of the statutes is amended to read:

AB43,,6858 229.8273 (5) (b) 2. The competing demands for the services provided by eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women’s businesses, as described in subd. 1., in areas in which contracts were awarded.

AB43,2512 Section 2512. 229.8273 (5) (b) 3. of the statutes is amended to read:

AB43,,6860 229.8273 (5) (b) 3. The extent to which the district or contractors advertised for and aggressively solicited bids from eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women’s businesses, as described in subd. 1., and the extent to which eligible minority businesses, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, disability-owned businesses, and women’s businesses submitted bids.

AB43,2513 Section 2513. 229.8275 of the statutes is created to read:

AB43,,6862 229.8275 Prevailing wage. A district may not enter into a contract under s. 229.827 with a professional football team, as described in s. 229.823, or a related party that requires the team or related party to acquire and construct or renovate football stadium facilities that are part of any facilities that are leased by the district to the team or to a related party unless the professional football team or related party agrees to all of the following:

AB43,,6863 (1) Not to allow any employee working on the football stadium facilities who would be entitled to receive the prevailing wage rate under s. 66.0903 and who would not be required or allowed to work more than the prevailing hours of labor, if the football stadium facilities were a project of public works subject to s. 66.0903, to be paid less than the prevailing wage rate or to be required or allowed to work more than the prevailing hours of labor, except as allowed under s. 66.0903 (4) (a).

AB43,,6864 (2) To require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to keep and allow inspection of records in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to keep and allow inspection of records under s. 66.0903 (10).

AB43,,6865 (3) To comply with s. 66.0903 in the same manner as a local governmental unit contracting for the erection, construction, remodeling, repairing, or demolition of a project of public works is required to comply with s. 66.0903 and to require any contractor, subcontractor, or agent of a contractor or subcontractor performing work on the football stadium facilities to comply with s. 66.0903 in the same manner as a contractor, subcontractor, or agent of a contractor or subcontractor performing work on a project of public works that is subject to s. 66.0903 is required to comply with s. 66.0903.

AB43,2514 Section 2514. 229.845 (title) of the statutes is amended to read:

AB43,,6867 229.845 (title) Minority business contracting goals; disabled veteran-owned business contracting goals; lesbian, gay, bisexual, or transgender-owned business contracting goals; disability-owned business contracting goals; women’s business contracting goals.

AB43,2515 Section 2515. 229.845 (1) (ae) of the statutes is created to read:

AB43,,6869 229.845 (1) (ae) “Disability-owned business” means a business certified by the department of administration under s. 16.289 (3).

AB43,2516 Section 2516. 229.845 (1) (ag) of the statutes is renumbered 229.845 (1) (ap) and amended to read:

AB43,,6871 229.845 (1) (ap) “Disabled veteran-owned Veteran-owned business” means a business certified by the department of administration under s. 16.283 (3).

AB43,2517 Section 2517. 229.845 (1) (ak) of the statutes is created to read:

AB43,,6873 229.845 (1) (ak) “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department of administration under s. 16.288 (3).

AB43,2518 Section 2518. 229.845 (2) of the statutes is amended to read:

AB43,,6875 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 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to minority businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to disability-owned businesses, and at least 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 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to minority businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to disabled veteran-owned businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to lesbian, gay, bisexual, or transgender-owned businesses, at least 1 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to disability-owned businesses, and at least 5 percent of the aggregate dollar value of such contracts awarded by the district shall be awarded to women’s businesses.

AB43,2519 Section 2519. 230.01 (2) (b) of the statutes is amended to read:

AB43,,6877 230.01 (2) (b) It is the policy of this state to provide for equal employment opportunity by ensuring that all personnel actions including hire, tenure or term, and condition or privilege of employment be based on the ability to perform the duties and responsibilities assigned to the particular position without regard to age, race, creed or religion, color, disability, sex, national origin, ancestry, sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or political affiliation, or status as a holder or nonholder of a license under s. 343.03 (3r).

AB43,2520 Section 2520. 230.08 (2) (fr) of the statutes is created to read:

AB43,,6879 230.08 (2) (fr) The director and staff of the legislative human resources office.

AB43,2521 Section 2521. 230.08 (2) (g) of the statutes is amended to read:

AB43,,6881 230.08 (2) (g) One stenographer appointed by each elective executive officer, except the secretary of state and the state treasurer; and one deputy or assistant appointed by each elective executive officer, except the state treasurer, secretary of state, attorney general, and superintendent of public instruction.

AB43,2522 Section 2522. 230.08 (2) (wd) of the statutes is created to read:

AB43,,6883 230.08 (2) (wd) The director of the office of missing and murdered indigenous women in the department of justice.

AB43,2523 Section 2523. 230.08 (2) (ya) of the statutes is created to read:

AB43,,6885 230.08 (2) (ya) The director of the office of environmental justice in the department of administration.

AB43,2524 Section 2524. 230.08 (2) (yf) of the statutes is created to read:

AB43,,6887 230.08 (2) (yf) The chief resiliency officer in the department of administration.

AB43,2525 Section 2525. 230.08 (2) (yg) of the statutes is created to read:

AB43,,6889 230.08 (2) (yg) The chief equity officer in the department of administration.

AB43,2526 Section 2526. 230.08 (2) (yh) of the statutes is created to read:

AB43,,6891 230.08 (2) (yh) The director of Native American affairs in the department of administration.

AB43,2527 Section 2527. 230.10 (2) of the statutes is amended to read:

AB43,,6893 230.10 (2) The compensation plan in effect at the time that a representative is recognized or certified to represent employees in a collective bargaining unit and the employee salary and benefit provisions under s. 230.12 (3) (e) in effect at the time that a representative is certified to represent employees in a collective bargaining unit under subch. V of ch. 111 constitute the compensation plan or employee salary and benefit provisions for employees in the collective bargaining unit until a collective bargaining agreement becomes effective for that unit. If a collective bargaining agreement under subch. V of ch. 111 expires prior to the effective date of a subsequent agreement, and a representative continues to be recognized or certified to represent employees specified in s. 111.81 (7) (a) or (ag) or certified to represent employees specified in s. 111.81 (7) (ar) to (f) in that collective bargaining unit, the wage rates of the employees in such a unit shall be frozen until a subsequent agreement becomes effective, and the compensation plan under s. 230.12 and salary and benefit changes adopted under s. 230.12 (3) (e) do not apply to employees in the unit.

AB43,2528 Section 2528. 230.12 (9m) of the statutes is created to read:

AB43,,6895 230.12 (9m) Paid family and medical leave. (a) Definitions. In this subsection:

AB43,,6896 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 3.

AB43,,6897 2. “Medical leave” means leave from employment when an employee has a serious health condition that makes the employee unable to perform his or her employment duties, or makes the employee unable to perform the duties of any suitable employment.

AB43,,6898 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

AB43,,6899 (b) Program. The administrator shall develop and recommend to the joint committee on employment relations a program, administered by the division, that provides paid family and medical leave for 12 weeks per year to employees whose compensation is established under this section or s. 20.923 (2) or (3) but does not include employees of the Board of Regents of the University of Wisconsin System. The approval process for the program is the same as that provided under sub. (3) (b), and, if approved, the program shall be incorporated into the compensation plan under sub. (1).

AB43,,6900 (c) Rules. The administrator may promulgate rules to implement the family and medical leave program under par. (b).

AB43,2529 Section 2529. 230.18 of the statutes is amended to read:

AB43,,6902 230.18 Discrimination prohibited. No question in any form of application or in any evaluation used in the hiring process may be so framed as to elicit information concerning the partisan political or religious opinions or affiliations of any applicant nor may any inquiry be made concerning such those opinions or affiliations and all disclosures thereof of those opinions or affiliations shall be discountenanced except that the director may evaluate the competence and impartiality of applicants for positions such as clinical chaplain in a state institutional program. No discriminations may be exercised in the recruitment, application, or hiring process against or in favor of any person because of the person’s political or religious opinions or affiliations or because of age, sex, disability, race, color, sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), national origin, or ancestry, or status as a holder or nonholder of a license under s. 343.03 (3r) except as otherwise provided.

AB43,2530 Section 2530. 230.26 (4) of the statutes is amended to read: