2003 Wisconsin Act 33

33,214 Section 214. 16.75 (10m) of the statutes is created to read:

16.75 (10m) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority shall not enter into any contract or order for the purchase of materials, supplies, equipment, or contractual services with a person if the name of the person, or the name of an affiliate of that person, is certified to the department by the secretary of revenue under s. 77.66.

33,214b Section 214b. 16.752 (12) (a) of the statutes is amended to read:

16.752 (12) (a) Except as provided in pars. (c), (d), (h) and, (i), and (j) and as authorized under sub. (13), agencies shall obtain materials, supplies, equipment and services on the list maintained by the board under sub. (2) (g).

33,215 Section 215. 16.752 (12) (i) of the statutes is amended to read:

16.752 (12) (i) Paragraph (a) does not apply to procurements by the department of electronic government relating to information technology or telecommunications.

33,215c Section 215c. 16.752 (12) (j) of the statutes is created to read:

16.752 (12) (j) Paragraph (a) does not apply to services purchased under a contract under s. 153.05 (2m) (a).

33,215m Section 215m. 16.76 (4) (ag) of the statutes is amended to read:

16.76 (4) (ag) The Except as otherwise provided in this paragraph, the department may pay or agree to pay under a master lease a sum substantially equivalent to or in excess of the aggregate value of property or services obtained and it may be agreed that the department or one or more agencies will become, or for no other or nominal consideration has the option to become, the owner of property obtained or to be obtained under a master lease upon full compliance with its terms. If the master lease is for personal computer hardware and software, the department may make agreements concerning payments and ownership as described in this paragraph only if the master lease pursuant to which the department makes such agreements is more cost-effective to the state than one or more leases for the hardware and software pursuant to which the department does not make agreements concerning payments and ownership as described in this paragraph.

33,216 Section 216. 16.78 (title) of the statutes is amended to read:

16.78 (title) Purchases from department of electronic government relating to information technology or telecommunications.

33,217c Section 217c. 16.78 (1) of the statutes is amended to read:

16.78 (1) Every agency other than the board of regents of the University of Wisconsin System or an agency making purchases under s. 16.74 shall make all purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department of electronic government, unless the department of electronic government requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 22.05 16.972 (2) (h), or grants written authorization to the agency to procure the materials, supplies, equipment, or contractual services under s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual services from another agency or to provide the materials, supplies, equipment, or contractual services to itself. The board of regents of the University of Wisconsin System may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department of electronic government.

33,218 Section 218. 16.78 (2) of the statutes is amended to read:

16.78 (2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of materials, supplies, equipment, or contractual services by any agency from the department of electronic government under sub. (1).

33,219 Section 219. 16.836 of the statutes is repealed.

33,220 Section 220. 16.84 (14) of the statutes is amended to read:

16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1) (1e). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kb).

33,221 Section 221. 16.841 (1) (a) of the statutes is amended to read:

16.841 (1) (a) "Agency" has the meaning given in s. 16.70 (1) (1e).

33,221m Section 221m. 16.854 (1) (a) of the statutes is amended to read:

16.854 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

33,222 Section 222. 16.855 (16) (b) 1. of the statutes is amended to read:

16.855 (16) (b) 1. In this paragraph, "agency" has the meaning given in s. 16.70 (1) (1e).

33,222m Section 222m. 16.865 (9) of the statutes is created to read:

16.865 (9) Notwithstanding s. 20.001 (3) (c), if the department makes any payment from the appropriation under s. 20.505 (2) (a), lapse to the general fund from the appropriation account under s. 20.505 (2) (k) an amount equal to the payment , plus interest from the date on which the payment is made until the date on which a corresponding amount is lapsed under this subsection computed at the average interest rate earned by the state investment fund during that period . The department shall effect the lapse required under this subsection in accordance with a schedule determined by the department, but the total amount of each lapse shall be effected no later than 6 years after the date of the payment to which it relates.

33,223 Section 223. 16.957 (3) (a) of the statutes is amended to read:

16.957 (3) (a) The division of housing department shall, on the basis of competitive bids, contract with community action agencies described in s. 46.30 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181 or local units of government to provide services under the programs established under sub. (2) (a).

33,230 Section 230. 16.964 (9) (intro.) of the statutes is created to read:

16.964 (9) (intro.) From the appropriations under s. 20.505 (6) (kp) and (p), the office of justice assistance shall provide $185,000 annually to the department of health and family services to distribute the following grants for children's community programs:

33,230b Section 230b. 16.965 (3m) of the statutes is created to read:

16.965 (3m) The department shall not approve a proposed grant to a local governmental unit under this section to be funded in whole or in part from the appropriation under s. 20.505 (1) (if) unless the application for the grant contains all of the following elements:

(a) Planning efforts that expedite and integrate the use of preexisting locally created and maintained Wisconsin land information program data.

(b) Planning efforts that utilize digital data that is consistent with Wisconsin land information program interests, modernization, and public access standards.

(c) Planning efforts that maximize public participation through access to planning support tools.

33,230c Section 230c. 16.965 (4) (intro.) of the statutes is amended to read:

16.965 (4) (intro.) In determining whether to approve a proposed grant to be funded from the appropriations under s. 20.505 (1) (cm) and (if), preference shall be accorded to applications of local governmental units that contain all of the following elements:

33,230d Section 230d. 16.966 (3) of the statutes is amended to read:

16.966 (3) The Subject to approval of the land information board under s. 16.967 (3) (f), the department may develop and maintain geographic information systems relating to land in this state for the use of governmental and nongovernmental units.

33,230h Section 230h. 16.966 (3) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

16.966 (3) Subject to approval of the land information board under s. 16.967 (3) (f), the The department may develop and maintain geographic information systems relating to land in this state for the use of governmental and nongovernmental units.

33,230p Section 230p. 16.967 (3) (f) of the statutes is created to read:

16.967 (3) (f) Review and approve or disapprove proposed expenditures for the development and maintenance of land information systems under s. 16.966 (3). The board shall ensure that all expenditures are consistent with the requirements under sub. (6).

33,230t Section 230t. 16.967 (6) of the statutes, as affected by 1999 Wisconsin Act 27, section 141am, is amended to read:

16.967 (6) Reports. By March 31 of each year, the department of administration, the department of agriculture, trade and consumer protection, the department of commerce, the department of health and family services, the department of natural resources, the department of tourism, the department of revenue, the department of transportation, the board of regents of the University of Wisconsin System, the public service commission and the board of curators of the historical society shall each submit to the board a plan to integrate land information to enable such information to be readily translatable, retrievable and geographically referenced for use by any state, local governmental unit or public utility. The plans shall include the information that will be needed by local governmental units to prepare comprehensive plans containing the planning elements required under s. 66.1001 (2). Upon receipt of this information, the board shall integrate the information to enable the information to be used to meet land information data needs. The integrated information shall be readily translatable, retrievable, and geographically referenced to enable members of the public to use access the information on the Internet.

33,231 Section 231. Subchapter VII (title) of chapter 16 [precedes 16.97] of the statutes is amended to read:

CHAPTER 16

SUBCHAPTER VII
EDUCATIONAL Information
TECHNOLOGY

33,232 Section 232. 16.97 of the statutes is renumbered 16.97 (intro.) and amended to read:

16.97 Definition Definitions. (intro.) In this subchapter, "telecommunications" has the meaning given in s. 22.01 (10).:

33,233 Section 233. 16.974 (intro.) of the statutes is repealed.

33,234d Section 234d. 16.974 (1) of the statutes is amended to read:

16.974 (1) Coordinate with the technology for educational achievement in Wisconsin board to provide Provide secured correctional facilities, as defined in s. 44.70 (3r), school districts, and cooperative educational service agencies with telecommunications access under s. 44.73 16.997 and contract with telecommunications providers to provide such that access.

33,235 Section 235. 16.974 (1) to (4) of the statutes, as affected by 2003 Wisconsin Act .... (this act), are renumbered 16.971 (13) to (16).

33,236d Section 236d. 16.974 (2) of the statutes is amended to read:

16.974 (2) Subject to s. 44.73 (5), coordinate with the technology for educational achievement in Wisconsin board to provide Provide private colleges, technical college districts, public library boards and, public library systems, and public museums with telecommunications access under s. 44.73 16.997 and contract with telecommunications providers to provide such that access.

33,237d Section 237d. 16.974 (3) of the statutes is amended to read:

16.974 (3) Coordinate with the technology for educational achievement in Wisconsin board to provide Provide private schools with telecommunications access under s. 44.73 16.997 and contract with telecommunications providers to provide such that access.

33,238d Section 238d. 16.974 (4) of the statutes is amended to read:

16.974 (4) Coordinate with the technology for educational achievement in Wisconsin board to provide Provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin Educational Services Program for the Deaf and Hard of Hearing with telecommunications access under s. 44.73 16.997 and contract with telecommunications providers to provide such that access.

33,238m Section 238m. Subchapter IX (title) of chapter 16 [precedes 16.99] of the statutes is created to read:

Chapter 16

Subchapter iX
technology for educational
achievement

33,238n Section 238n. 16.99 (3p) of the statutes is created to read:

16.99 (3p) "Public museum" means a nonprofit or publicly owned museum located in this state that is accredited by the American Association of Museums or an educational center that is affiliated with such a museum.

33,238p Section 238p. 16.99 (4) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

16.99 (4) "Telecommunications" has the meaning given in s. 22.01 16.97 (10).

33,238pm Section 238pm. 16.993 (10) of the statutes is created to read:

16.993 (10) Coordinate an annual conference on educational technology, hosted by the governor, for elementary, secondary, and postsecondary educators and establish a schedule of fees for attending the conference, which fees may not exceed the actual costs incurred in conducting the conference. All fees collected under this subsection shall be credited to the appropriation account under s. 20.505 (4) (hc).

33,238q Section 238q. 16.995 (3m) of the statutes is created to read:

16.995 (3m) Public debt repayment. To the extent that sufficient moneys are available in the appropriation account under s. 20.505 (4) (mp) after payment of the administrative expenses specified in s. 20.505 (4) (mp), the department shall use those available moneys to reimburse s. 20.505 (4) (es) and (et) for the payment of principal and interest costs incurred in financing educational technology infrastructure financial assistance under this section and to make full payment of the amounts determined by the building commission under s. 13.488 (1) (m).

33,238r Section 238r. 16.997 (6) (a) of the statutes, as affected by 2003 Wisconsin Act .... (this act), is amended to read:

16.997 (6) (a) From the appropriation under s. 20.505 (4) (s) or (tm), the department may award an annual grant to a school district or private school that had in effect on October 14, 1997, a contract for access to a data line or video link, as documented by the department. The department shall determine the amount of the grant, which shall be equal to the cost incurred by the state to provide telecommunications access to a school district or private school under a contract entered into under s. 16.974 (1) or (3) 16.971 (13) or (15) less the amount that the school district or private school would be paying under sub. (2) (d) if the school district or private school were participating in the program established under sub. (1), except that the amount may not be greater than the cost that a school district or private school incurs under the contract in effect on October 14, 1997. A school district or private school receiving a grant under this subsection is not eligible to participate in the program under sub. (1). No grant may be awarded under this subsection after December 31, 2005.

33,243 Section 243. 18.07 (2) of the statutes is amended to read:

18.07 (2) Every loan agreement entered into pursuant to s. 18.06 (2) and every evidence of indebtedness given under such a loan agreement shall be executed in the name of and for the state by the secretary of the commission. Every other evidence of indebtedness shall be executed in the name of and for the state by the governor and by the state treasurer secretary of administration and shall be sealed with the great seal of the state or a facsimile thereof of any size, and every interest coupon appurtenant thereto shall be executed in the name of and for the state by the governor. The facsimile signature of either the governor or state treasurer secretary of administration or both may be imprinted in lieu of the manual signature of such officer, as the commission directs, if approved by such officer, and shall be so imprinted in the case of interest coupons. Evidence of indebtedness and interest coupons appurtenant thereto bearing the manual or facsimile signature of a person in office at the time such signature was signed or imprinted shall be fully valid notwithstanding that before or after the delivery thereof such person ceased to hold such office.

33,249 Section 249. 18.10 (4) of the statutes is amended to read:

18.10 (4) Debt held by state. All evidence of indebtedness owned or held by any state fund shall be deemed to be outstanding in all respects and the agency having such fund under its control shall have the same rights with respect to such evidence of indebtedness as a private party, but if any sinking fund acquires bonds which gave rise to such fund, such bonds shall be deemed paid for all purposes and no longer outstanding and, together with any interest coupons appurtenant thereto, shall be canceled as provided in sub. (11). All evidence of indebtedness owned by any state fund shall be registered to the fullest extent registrable.

33,250 Section 250. 18.10 (5) of the statutes is amended to read:

18.10 (5) Registration. The state treasurer department of administration shall act as registrar for evidence evidences of indebtedness registrable as to principal or interest or both. No transfer of a registered evidence of indebtedness is valid unless made on the register maintained by the state treasurer department of administration for that purpose, and the state shall be entitled to treat the registered owner as the owner of such instrument for all purposes. Payments of principal and interest, when registered as to interest, of registered instruments shall be by electronic funds transfer, check, share draft or other draft to the registered owner at the owner's address as it appears on the register, unless the commission has otherwise provided. Information in the register relating to the owners of evidence of indebtedness is not available for inspection and copying under s. 19.35 (1). The commission may make such other provisions respecting registration as it deems necessary or useful. The state treasurer department of administration may enter into a contract for the performance of any of his or her functions under this subsection and sub. (7).

33,250m Section 250m. 18.10 (7) of the statutes is amended to read:

18.10 (7) Record of instruments. The state treasurer department of administration or the treasurer's department's agent shall maintain records containing a full and correct description of each evidence of indebtedness issued, identifying it and showing its date, issue, amount, interest rate, payment dates, payments made, registration, destruction and every other relevant transaction.

33,251 Section 251. 18.10 (8) of the statutes is amended to read:

18.10 (8) Trustees and fiscal agents. The commission may appoint one or more trustees and fiscal agents for each issue of bonds or notes. The state treasurer secretary of administration may be denominated the trustee and the sole fiscal agent or a cofiscal agent for any issue of bonds or notes. Every other such fiscal agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or trust company business. The commission shall periodically require competitive proposals, under procedures established by the commission, for fiscal agent services and, in so doing, shall consult the state treasurer. There may be deposited with a trustee, in a special account administered as provided in this chapter, moneys to be used only for the purposes expressly provided in a resolution authorizing the issuance of debt or an agreement between the commission and the trustee. There may be deposited with a fiscal agent, in a special account for such purpose only, a sum estimated to be sufficient to enable such fiscal agent to pay the principal and interest on public debt which will come due not more than 15 days after the date of such deposit. The commission may make such other provisions respecting trustees and fiscal agents as it deems necessary or useful and may enter into a contract with any trustee or fiscal agent containing such terms, including compensation, and conditions in regard to the trustee or fiscal agent as it deems necessary or useful.

33,251m Section 251m. 18.10 (11) of the statutes is amended to read:

18.10 (11) Cancellation of instruments. Unless otherwise directed by the commission, every evidence of indebtedness and interest coupon paid or otherwise retired shall forthwith be marked "canceled" and shall be delivered by the state treasurer department of administration or fiscal agent accepting the surrender thereof, through the state treasurer department to the state auditor who shall destroy them and shall forthwith deliver to the state treasurer department a certificate to that effect.

33,252 Section 252. 18.51 of the statutes is amended to read:

18.51 Provisions applicable. The following sections apply to this subchapter, except that all references to "public debt" or "debt" shall be read to refer to a "revenue obligation" and all references to "evidences of indebtedness" shall be read to refer to "evidences of revenue obligation": ss. 18.02, 18.03, 18.06 (8), 18.07, 18.10 (1), (2), (4) to (9) and, (11), and (12), and 18.17.

33,253 Section 253. 18.52 (1) of the statutes is renumbered 18.52 (1m).