AB40,107,421 16.855 (14) (e) Within 30 days after the deadline under par. (bm), the
22department shall notify the successful general prime contractor bidder of its
23selection. The contractor who is awarded the contract shall enter into contracts with
24the mechanical, electrical, or plumbing subcontractors selected under par. (13) (a)
25and shall comply with the requirements under sub. (14m). The department shall

1make the final bid results available on its Internet site at the time it provides the
2written, official notice to the successful general prime contractor bidder notifying the
3contractor that the contract is fully executed and that the contractor is authorized
4to begin work on the project.
AB40,153 5Section 153 . 16.855 (14m) of the statutes is created to read:
AB40,107,86 16.855 (14m) (a) The department shall develop a standard contract for a
7general prime contractor selected under sub. (14) to use and shall include in the
8contract all of the following:
AB40,107,119 1. A requirement that all subcontractors selected under sub. (13) (a) provide
10a 100 percent performance bond and a 100 percent payment bond to the benefit of
11the general prime contractor as the only obligee.
AB40,107,1412 2. A delineation of the responsibilities, insurance requirements,
13indemnification obligations, claims processes, and termination rights and
14protections of all subcontractors selected under sub. (13) (a).
AB40,107,1515 3. A requirement that the general prime contractor is subject to s. 16.528 (2m).
AB40,107,1716 4. A schedule for payment from the general prime contractor to a subcontractor
17that is consistent with sub. (19) (b).
AB40,107,1918 (b) Neither a general prime contractor nor a subcontractor selected under sub.
19(13) (b) may amend a contract developed under par. (a).
AB40,154 20Section 154. 16.855 (19) of the statutes is renumbered 16.855 (19) (a) and
21amended to read:
AB40,108,1322 16.855 (19) (a) As the work progresses under any contract for construction of
23a project
the department, from time to time, shall grant to the contractor an estimate
24of the amount and proportionate value of the work done, which shall entitle the
25contractor to receive the amount thereof, less the retainage, from the proper fund.

1The retainage shall be an amount equal to not more than 5% of the estimate until
250% of the work has been completed. At 50% completion, no additional amounts shall
3be retained, and partial payments shall be made in full to the contractor unless the
4architect or engineer department certifies that the job is not proceeding
5satisfactorily. At 50% completion or any time thereafter when the progress of the
6work is not satisfactory, additional amounts may be retained but in no event shall
7the total retainage be more than 10% of the value of the work completed. Upon
8substantial completion of the work, an any amount retained may shall be paid to the
9contractor, less the value of any required corrective work or uncompleted work. For
10the purposes of this section, estimates may include any fabricated or manufactured
11materials and components specified, previously paid for by contractor and delivered
12to the work or properly stored and suitable for incorporation in the work embraced
13in the contract.
AB40,108,14 14(c) This subsection does not apply to contracts awarded under s. 16.858.
AB40,155 15Section 155. 16.855 (19) (b) of the statutes is created to read:
AB40,109,716 16.855 (19) (b) As the work progresses under any subcontract under sub. (14)
17(e) for construction of a project, the general prime contractor shall, upon request of
18a subcontractor, pay to the subcontractor an amount equal to the proportionate value
19of the subcontractor's work done, less retainage. The retainage shall be an amount
20equal to not more than 5 percent of the subcontractor's work completed until 50
21percent of the subcontractor's work has been completed. At 50 percent completion,
22no additional amounts may be retained, and partial payments shall be made in full
23to the subcontractor unless the department certifies that the subcontractor's work
24is not proceeding satisfactorily. At 50 percent completion or any time thereafter
25when the progress of the subcontractor's work is not satisfactory, additional amounts

1may be retained but the total retainage may not be more than 10 percent of the value
2of the work completed. Upon substantial completion of the subcontractor's work, any
3amount retained shall be paid to the subcontractor, less the value of any required
4corrective work or uncompleted work. All payments the general prime contractor
5makes under this paragraph shall be within 7 calendar days after the date on which
6the general prime contractor receives payment from the department for the work
7performed.
AB40,156 8Section 156. 16.957 (1) (gg) of the statutes is repealed.
AB40,157 9Section 157. 16.957 (2) (a) (intro.) of the statutes is amended to read:
AB40,109,1610 16.957 (2) (a) Low-income programs. (intro.) After holding a hearing,
11establish programs to be administered by the department for awarding grants from
12the appropriation under s. 20.505 (3) (r) to provide low-income assistance. In each
13fiscal year, the amount awarded under this paragraph shall be sufficient to ensure
14that an amount equal to 47% 50% of the sum of the following, or the amount
15determined under par. (d) 2m.,
is spent allocated for weatherization and other energy
16conservation services:
AB40,158 17Section 158. 16.957 (2) (a) 1. of the statutes is repealed.
AB40,159 18Section 159. 16.957 (2) (a) 3. of the statutes is amended to read:
AB40,109,2019 16.957 (2) (a) 3. All The moneys spent in a fiscal year on programs established
20under this paragraph
collected in low-income assistance fees under sub. (4) (a).
AB40,160 21Section 160. 16.957 (2) (d) 2m. of the statutes is repealed.
AB40,161 22Section 161. 16.964 (title) of the statutes is repealed.
AB40,162 23Section 162. 16.964 (1g) of the statutes is repealed.
AB40,163 24Section 163. 16.964 (1m) (intro.) of the statutes is repealed.
AB40,164
1Section 164. 16.964 (1m) (a) and (b) of the statutes are consolidated,
2renumbered 165.25 (13) and amended to read:
AB40,110,103 165.25 (13) Juvenile justice improvement plan. Serve as the state planning
4agency under the juvenile justice and delinquency prevention act of 1974, P.L.
593-415. (b) Prepare The department shall prepare a state comprehensive juvenile
6justice improvement plan on behalf of the governor. The plan shall be submitted to
7the governor, the joint committee on finance in accordance with s. 16.54, and to the
8appropriate standing committees of each house of the legislature as determined by
9the presiding officer of each house. The plan shall be updated periodically and shall
10be based on an analysis of the state's juvenile justice needs and problems.
AB40,165 11Section 165. 16.964 (1m) (c) of the statutes is repealed.
AB40,166 12Section 166. 16.964 (1m) (d) of the statutes is renumbered 165.25 (14) and
13amended to read:
AB40,110,1614 165.25 (14) Cooperation and assistance. Cooperate with and render technical
15assistance to state agencies and units of local government and public or private
16agencies relating to the criminal and juvenile justice system.
AB40,167 17Section 167. 16.964 (1m) (e) of the statutes is renumbered 165.25 (15) and
18amended to read:
AB40,110,2219 165.25 (15) Contracts and expenditures. Apply for contracts or receive and
20expend for its purposes any appropriation or grant from the state, a political
21subdivision of the state, the federal government or any other source, public or
22private, in accordance with the statutes.
AB40,168 23Section 168. 16.964 (1m) (f) of the statutes is renumbered 165.845 (1) (c).
AB40,169 24Section 169. 16.964 (1m) (g) of the statutes is renumbered 165.845 (1) (a) and
25amended to read:
AB40,111,7
1165.845 (1) (a) Collect information concerning the number and nature of
2offenses known to have been committed in this state and such other information as
3may be useful in the study of crime and the administration of justice. The office
4department of justice may determine any other information to be obtained regarding
5crime and justice system statistics. The information shall include data requested by
6the federal bureau of investigation under its system of uniform crime reports for the
7United States.
AB40,170 8Section 170. 16.964 (1m) (h) of the statutes is renumbered 165.845 (1) (b) and
9amended to read:
AB40,111,1310 165.845 (1) (b) Furnish all reporting officials with forms or instructions or both
11that specify the nature of the information required under par. (g) (a), the time it is
12to be forwarded, the method of classifying and any other matters that facilitate
13collection and compilation.
AB40,171 14Section 171. 16.964 (1m) (i) of the statutes is renumbered 321.03 (1) (e).
AB40,172 15Section 172. 16.964 (2) of the statutes is renumbered 165.845 (2) and amended
16to read:
AB40,111,2317 165.845 (2) All persons in charge of law enforcement agencies and other
18criminal and juvenile justice system agencies shall supply the office department of
19justice
with the information described in sub. (1m) (g) (1) (a) on the basis of the forms
20or instructions or both to be supplied by the office department under sub. (1m) (g) (1)
21(a). The department may conduct an audit to determine the accuracy of the data and
22other information it receives from law enforcement agencies and other criminal and
23juvenile justice system agencies
.
AB40,173 24Section 173. 16.964 (3) of the statutes is repealed.
AB40,174
1Section 174. 16.964 (5) of the statutes is renumbered 165.986, and 165.986 (1),
2(2), (3) (intro.), (4) and (6), as renumbered, are amended to read:
AB40,112,123 165.986 (1) The office department of justice shall provide grants from the
4appropriation under s. 20.505 (6) (kb) 20.455 (2) (kb) to cities to employ additional
5uniformed law enforcement officers whose primary duty is beat patrolling. A city is
6eligible for a grant under this subsection section in fiscal year 1994-95 if the city has
7a population of 25,000 or more. A city may receive a grant for a calendar year if the
8city applies for a grant before September 1 of the preceding calendar year. Grants
9shall be awarded to the 10 eligible cities submitting an application for a grant that
10have the highest rates of violent crime index offenses in the most recent full calendar
11year for which data is available under the uniform crime reporting system of the
12federal bureau of investigation.
AB40,112,19 13(2) A city applying to the office department of justice for a grant under this
14subsection section shall include a proposed plan of expenditure of the grant moneys.
15The grant moneys that a city receives under this subsection section may be used for
16salary and fringe benefits only. Except as provided in par. (c) sub. (3), the positions
17for which funding is sought must be created on or after April 21, 1994, and result in
18a net increase in the number of uniformed law enforcement officers assigned to beat
19patrol duties.
AB40,113,2 20(3) (intro.) During the first 6 months of the first year of a grant, a city may, with
21the approval of the office department, use part of the grant for the payment of salary
22and fringe benefits for overtime provided by uniformed law enforcement officers
23whose primary duty is beat patrolling. A city may submit a request to the office
24department for a 3-month extension of the use of the grant for the payment of

1overtime costs. To be eligible to use part of the first year's grant for overtime costs,
2the city shall provide the office department with all of the following:
AB40,113,10 3(4) The office department shall develop criteria which, notwithstanding s.
4227.10 (1), need not be promulgated as rules under ch. 227, for use in determining
5the amount to grant to cities under this subsection section. The office department
6may not award an annual grant in excess of $150,000 to any city. The office
7department shall review any application and plan submitted under par. (b) sub. (2)
8to determine if that application and plan meet the requirements of this subsection
9section. The grant that a city receives under this subsection section may not
10supplant existing local resources.
AB40,113,14 11(6) The office department may make grants to additional cities with a
12population of 25,000 or more after fiscal year 1994-95. Eligibility for grants under
13this paragraph subsection shall be determined and allocations made as provided in
14this subsection section.
AB40,175 15Section 175. 16.964 (8) of the statutes is renumbered 165.987, and 165.987 (1),
16(2) and (3), as renumbered, are amended to read:
AB40,113,2417 165.987 (1) From the appropriations under s. 20.505 (6) (d) and (kj) 20.455 (2)
18(cr) and (kj)
, the office department of justice shall allocate $500,000 in each fiscal
19year to enter into a contract with an organization to provide services in a county
20having a population of 500,000 or more for the diversion of youths from gang
21activities into productive activities, including placement in appropriate educational,
22recreational, and employment programs. Notwithstanding s. 16.75, the office
23department may enter into a contract under this paragraph subsection without
24soliciting bids or proposals and without accepting the lowest responsible bid or offer.
AB40,114,5
1(2) From the appropriation under s. 20.505 (6) (km) 20.455 (2) (k), the office
2department of justice may not distribute more than $300,000 in each fiscal year to
3the organization that it has contracted with under par. (a) sub. (1) for alcohol and
4other drug abuse education and treatment services for participants in that
5organization's youth diversion program.
AB40,114,25 6(3) From the appropriations under s. 20.505 (6) (d) and (kj) 20.455 (2) (cr) and
7(kj)
the office department of justice shall allocate $150,000 in each fiscal year to enter
8into a contract with an organization to provide services in Racine County, $150,000
9in each fiscal year to enter into a contract with an organization to provide services
10in Kenosha County, $150,000 in each fiscal year to enter into a contract with an
11organization that is located in ward 2 in the city of Racine to provide services in
12Racine County, and $150,000 in each fiscal year to enter into a contract with an
13organization to provide services in Brown County, and from the appropriation under
14s. 20.505 (6) (kj) 20.455 (2) (kj), the department shall allocate $100,000 in each fiscal
15year to enter into a contract with an organization, for the diversion of youths from
16gang activities into productive activities, including placement in appropriate
17educational, recreational, and employment programs, and for alcohol or other drug
18abuse education and treatment services for participants in that organization's youth
19diversion program. The organization that is located in ward 2 in the city of Racine
20shall have a recreational facility, shall offer programs to divert youths from gang
21activities, may not be affiliated with any national or state association, and may not
22have entered into a contract under s. 301.265 (3), 1995 stats. Notwithstanding s.
2316.75, the office department may enter into a contract under this paragraph
24subsection without soliciting bids or proposals and without accepting the lowest
25responsible bid or offer.
AB40,176
1Section 176. 16.964 (11) of the statutes is repealed.
AB40,177 2Section 177. 16.964 (12) (a) to (j) of the statutes are renumbered 165.95 (1) to
3(10), and 165.95 (1) (intro.), (2), (2r), (3) (intro.) and (k), (4), (5), (5m) (intro.), (6), (7),
4(7m), (8), (9) and (10), as renumbered, are amended to read:
AB40,115,65 165.95 (1) (intro.) In this subsection section, "violent offender" means a person
6to whom one of the following applies:
AB40,115,14 7(2) The office department of justice shall make grants to counties to enable
8them to establish and operate programs, including suspended and deferred
9prosecution programs and programs based on principles of restorative justice, that
10provide alternatives to prosecution and incarceration for criminal offenders who
11abuse alcohol or other drugs. The office department of justice shall make the grants
12from the appropriations under s. 20.505 (6) (b), (kn), and (ku) 20.455 (2) (em), (kn),
13and (kv)
. The office department of justice shall collaborate with the departments of
14corrections and health and family services in establishing this grant program.
AB40,115,17 15(2r) Any county that receives a grant under this subsection section on or after
16January 1, 2012, shall provide matching funds that are equal to 25 percent of the
17amount of the grant.
AB40,115,19 18(3) (intro.) A county shall be eligible for a grant under par. (b) sub. (2) if all of
19the following apply:
AB40,115,2220 (k) The county complies with other eligibility requirements established by the
21office department of justice to promote the objectives listed in subds. 1. and 2 pars.
22(a) and (b)
.
AB40,115,25 23(4) In implementing a program that meets the requirements of par. (c) sub. (3),
24a county department may contract with or award grants to a religious organization
25under s. 59.54 (27).
AB40,116,10
1(5) (a) A county that receives a grant under this subsection section shall create
2an oversight committee to advise the county in administering and evaluating its
3program. Each committee shall consist of a circuit court judge, the district attorney
4or his or her designee, the state public defender or his or her designee, a local law
5enforcement official, a representative of the county, a representative of each other
6county agency responsible for providing social services, including services relating
7to child welfare, mental health, and the Wisconsin Works program, representatives
8of the departments of corrections and health and family services, a representative
9from private social services agencies, a representative of substance abuse treatment
10providers, and other members to be determined by the county.
AB40,116,1511 (b) A county that receives a grant under this subsection section shall comply
12with state audits and shall submit an annual report to the office department of
13justice
and to the oversight committee created under subd. 1. par. (a) regarding the
14impact of the program on jail and prison populations and its progress in attaining
15the goals specified in par. (c) 2. and 6 sub. (3) (b) and (f).
AB40,116,18 16(5m) (intro.) In a program funded by a grant under this subsection section, if
17urine collection for the purposes of a drug test results in the exposure of a program
18participant's genitals, pubic area, buttock or anus, all of the following must apply:
AB40,116,24 19(6) Two or more counties may jointly apply for and receive a grant under this
20subsection section. If counties submit a joint application, they shall include with
21their application a written agreement specifying each county department's role in
22developing, administering, and evaluating the program. The oversight committee
23established under par. (e) 1. sub. (5) (a) shall consist of representatives from each
24county.
AB40,117,6
1(7) Grants provided under this subsection section shall be provided on a
2calendar year basis beginning on January 1, 2007. If the office department of justice
3decides to make a grant to a county under this subsection section, the office
4department of justice shall notify the county of its decision and the amount of the
5grant no later than September 1 of the year preceding the year for which the grant
6will be made.
AB40,117,11 7(7m) Beginning in fiscal year 2012-13, the office department of justice shall,
8every 5 years, make grants under this subsection section available to any county on
9a competitive basis. A county may apply for a grant under this paragraph subsection
10regardless of whether the county has received a grant previously under this
11subsection section.
AB40,117,13 12(8) The office department of justice shall assist a county receiving a grant under
13this subsection section in obtaining funding from other sources for its program.
AB40,117,16 14(9) The office department of justice shall inform any county that is applying for
15a grant under this subsection section whether the county meets the requirements
16established under par. (c) sub. (3), regardless of whether the county receives a grant.
AB40,117,21 17(10) The office department of justice shall enter into one or more contracts with
18another person for the purpose of evaluating
evaluate every 2 years, the grant
19program established under this subsection section. The office shall fund such
20contracts from moneys appropriated under s. 20.505 (6) (b) and (ku) with 1 percent
21of the amount awarded as grants under par. (b)
.
AB40,178 22Section 178. 16.964 (12) (k) of the statutes is repealed.
AB40,179 23Section 179. 16.964 (14) of the statutes is renumbered 165.96, and 165.96
24(intro.), as renumbered, is amended to read:
AB40,118,5
1165.96 Child advocacy grants. (intro.) Beginning in fiscal year 2011-2012,
2from the appropriation under s. 20.505 (6) (ke) 20.455 (5) (ke), the office department
3of justice
shall in each fiscal year provide $17,000 to each of the following child
4advocacy centers for education, training, medical advice, and quality assurance
5activities:
AB40,180 6Section 180. 16.964 (15) of the statutes is renumbered 165.25 (17) and
7amended to read:
AB40,118,118 165.25 (17) Interoperability. (a) The office department of justice shall provide
9staff support for the interoperability council under s. 16.9645 and oversight of the
10development and operation of a statewide public safety interoperable
11communication system.
AB40,118,1412 (b) 1. The office department may charge a public safety agency, as defined in
13s. 256.35 (1) (g), that is a state agency a fee for use of the statewide public safety
14interoperable communication system under par. (a).
AB40,118,1715 2. The office department may charge a person that is not a state agency a fee
16for use of the statewide public safety interoperable communication system under par.
17(a).
AB40,181 18Section 181. 16.964 (17) of the statutes is renumbered 301.073 and amended
19to read:
AB40,119,3 20301.073 American Indian tribal community reintegration program.
21The office department shall establish a program to facilitate the reintegration of
22American Indians who have been incarcerated in a state prison into their American
23Indian tribal communities. Under the program, each participant shall be provided
24an integration plan that addresses the participant's needs and shall be provided
25services that are customized for the participant. The program shall encourage

1confidence, responsibility, and independence among participants. The office
2department shall ensure that the program incorporates tribal practices and
3traditions that meet the participant's community reintegration needs.
AB40,182 4Section 182. 16.964 (18) of the statutes is repealed.
AB40,183 5Section 183. 16.9645 (2) (d) of the statutes is amended to read:
AB40,119,86 16.9645 (2) (d) Assist the office department of justice assistance in identifying
7and obtaining funding to implement a statewide public safety interoperable
8communication system.
AB40,184 9Section 184. 16.9645 (2) (e) of the statutes is amended to read:
AB40,119,1210 16.9645 (2) (e) Advise the office department of justice assistance and the
11department of military affairs
on allocating funds, including those available for
12homeland security, for the purpose of achieving the goals under par. (b).
AB40,185 13Section 185. 16.9645 (2) (f) (intro.) of the statutes is amended to read:
AB40,119,1514 16.9645 (2) (f) (intro.) Make recommendations to the office department of
15justice assistance on all of the following:
AB40,186 16Section 186. 16.967 (3) (h) of the statutes is created to read:
AB40,119,1817 16.967 (3) (h) Establish an implementation plan for a statewide digital parcel
18map.
AB40,187 19Section 187. 16.971 (2) (cf) of the statutes is amended to read:
AB40,120,220 16.971 (2) (cf) Implement, operate, maintain, and upgrade an integrated
21business information enterprise resource planning system capable of providing
22information technology services to all agencies in the areas of accounting, auditing,
23payroll and other financial services; procurement; human resources; and other
24administrative processes. The department may provide information technology
25services under this subsection to any executive branch agency under s. 16.70 (4). The

1department may also provide information technology services to any local
2governmental unit under this subsection.
AB40,188 3Section 188. 16.972 (2) (j) of the statutes is created to read:
AB40,120,224 16.972 (2) (j) In consultation with an executive branch agency other than the
5Board of Regents of the University of Wisconsin System transfer to the department
6any full-time equivalent position in that executive branch agency other than the
7Board of Regents of the University of Wisconsin System that is related to the
8provision of information technology infrastructure services in that executive branch
9agency, and any incumbent employee holding that position. If a position is
10transferred under this paragraph, the department shall assess the appropriate
11executive branch agency appropriation account for the costs to pay salary and fringe
12benefit costs of the transferred position. If an incumbent employee is transferred
13under this paragraph, the department shall determine the transferred employee's
14probationary status under s. 230.28, except that the employee shall receive credit
15towards his or her probationary period for the time that the employee had been
16employed in any unclassified position immediately prior to appointment. The
17department may require an executive branch agency that is subject to a transfer
18under this paragraph to transfer to the department information technology
19equipment or systems required by the department to carry out information
20technology services for the executive branch agency, and may assess that executive
21branch agency for the provision of information technology services to that executive
22branch agency.
AB40,189 23Section 189. 16.974 (2) of the statutes is amended to read:
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