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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 134
March 31, 2023 - Introduced by Representatives RODRIGUEZ, ROZAR, BILLINGS, J.
ANDERSON, ANDRACA, ARMSTRONG, BARE, CLANCY, CONLEY, CONSIDINE, DITTRICH,
DUCHOW, EMERSON, GOYKE, JACOBSON, JOERS, S. JOHNSON, MADISON, MICHALSKI,
NEDWESKI, NOVAK, ORTIZ-VELEZ, SCHUTT, SHANKLAND, SINICKI, STUBBS and
SUBECK, cosponsored by Senators BALLWEG, HESSELBEIN, COWLES, LARSON,
SPREITZER and ROYS. Referred to Committee on State Affairs.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to amend 16.75 (3m) (c) 4. and 16.75 (3m) (c) 5. a.; and to create 16.75
(3m) (a) 5. and 16.87 (2) (bm) of the statutes; relating to: preferences for
woman-owned businesses in state procurement for architectural and
engineering services.
Analysis by the Legislative Reference Bureau
Under this bill, the Department of Administration must attempt to ensure that
it pays certified woman-owned businesses 5 percent of the total amount expended
for architectural and engineering services in each fiscal year, which is identical to the
requirement for minority-owned businesses under current law. Also under the bill,
DOA must include information regarding contracts awarded to and money paid to
woman-owned businesses in an annual report to the governor and legislature, in a
manner identical to that required for minority-owned businesses on the state's
progress of meeting this goal.
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:
SECTION 1. 16.75 (3m) (a) 5. of the statutes is created to read:
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SECTION 1 ASSEMBLY BILL 134
16.75 (3m) (a) 5. “Woman-owned business” means a business certified by the
department of administration under s. 16.285.
SECTION 2. 16.75 (3m) (c) 4. of the statutes is amended to read:
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,
woman-owned businesses, 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 woman-owned businesses, 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.
SECTION 3. 16.75 (3m) (c) 5. a. of the statutes is amended to read:
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. or s. 16.855 (10m) (am) 1.
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SECTION 3
ASSEMBLY BILL 134
or 2., 16.87 (2) (b), (bm), 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, 16.285, or 16.287 (2),
whichever is appropriate.
SECTION 4. 16.87 (2) (bm) of the statutes is created to read:
16.87 (2) (bm) The department shall attempt to ensure that 5 percent of the
total amount expended under this section in each fiscal year is paid to woman-owned
businesses, as defined in s. 16.75 (3m) (a) 5.
(END)
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