AB40: Bill Text

AB40, s. 217 Section 217. 16.417 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 7, section 20, and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40,105,4 16.417 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority or the body created under subch. III of ch. 149 or under ch. 37.

AB40, s. 218 Section 218. 16.42 (1) (intro.) of the statutes is amended to read:

AB40,105,10 16.42 (1) (intro.) All agencies, other than including the University of Wisconsin-Madison but excluding the legislature and the courts, no later than September 15 of each even-numbered year, in the form and content prescribed by the department, shall prepare and forward to the department and to the legislative fiscal bureau the following program and financial information:

AB40, s. 219 Section 219. 16.505 (2m) of the statutes is amended to read:

AB40,105,23 16.505 (2m) The board of regents of the University of Wisconsin System may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (gs), (h), (ip), (iz), (j), (kc), (m), (n), or (q) to (w) or (3) (iz) or (n) and may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (im) that are generated from increased enrollment and from courses for which the academic fees or tuition charged equals the full cost of offering the courses. No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

AB40, s. 220 Section 220. 16.513 (1) of the statutes is amended to read:

AB40,106,5 16.513 (1) Each agency, including the University of Wisconsin-Madison, which has a program revenue appropriation or appropriation of segregated revenues from program receipts shall, at such times as required by the secretary, make quarterly reports to the department projecting the revenues and expenditures for the ensuing quarterly period under each such appropriation to the agency.

AB40, s. 221 Section 221. 16.513 (3) (a) of the statutes is amended to read:

AB40,106,14 16.513 (3) (a) If there are insufficient moneys, assets, or accounts receivable, as determined under s. 20.903 (2), that are projected by an agency , including the University of Wisconsin-Madison, or projected by the department under s. 16.40 (7) to cover anticipated expenditures under a program revenue appropriation or appropriation of segregated revenues from program receipts, the agency shall propose and submit to the department a plan to assure that there are sufficient moneys, assets, or accounts receivable to meet projected expenditures under the appropriation.

AB40, s. 222 Section 222. 16.528 (1) (a) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,106,22 16.528 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 233, 234, 237, 238, or 279.

AB40, s. 223 Section 223. 16.53 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,107,9 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 233, 234, 237, 238, or 279.

AB40, s. 224 Section 224. 16.53 (7) of the statutes is amended to read:

AB40,107,16 16.53 (7) Certification of boards, evidence of correctness of account. The certificate of the proper officers of the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin-Madison, the department of health services, or the proper officers of any other board or commission organized or established by the state, shall in all cases be evidence of the correctness of any account which may be certified by them.

AB40, s. 225 Section 225. 16.54 (8g) of the statutes is amended to read:

AB40,107,21 16.54 (8g) Subsections (1) to (8) do not apply to federal moneys made available to the board of regents Board of Regents of the University of Wisconsin System or the Board of Trustees of the University of Wisconsin-Madison for instruction, extension, special projects or emergency employment opportunities.

AB40, s. 226 Section 226. 16.54 (8r) (a) of the statutes is amended to read:

AB40,108,13 16.54 (8r) (a) Whenever the federal government makes available moneys for instruction, extension, special projects or emergency employment opportunities, the board of regents Board of Regents of the University of Wisconsin System and the Board of Trustees of the University of Wisconsin-Madison may accept the moneys on behalf of the state. The board of regents Board of Regents and the Board of Trustees shall, in the administration of the expenditure of such moneys, comply with the requirements of the act of congress making the moneys available and with the regulations prescribed by the federal government or the federal agency administering the act, insofar as the act or regulations are consistent with state law. The board of regents Board of Regents and the Board of Trustees may submit any plan, budget, application or proposal required by the federal agency as a precondition to receipt of the moneys. The board of regents Board of Regents and the Board of Trustees may, consistent with state law, perform any act required by the act of congress or the federal agency to carry out the purpose of the act of congress. The board of regents Board of Regents shall deposit all moneys received under this paragraph in the appropriation account under s. 20.285 (1) (m).

AB40, s. 227 Section 227. 16.54 (9) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,108,21 16.54 (9) (a) 1. "Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 37, 52, 231, 233, 234, 237, 238, or 279.

AB40, s. 228 Section 228. 16.54 (14) of the statutes is repealed.

AB40, s. 229 Section 229. 16.548 (1) of the statutes is amended to read:

AB40,109,4 16.548 (1) The department may maintain a federal-state relations office in Washington, D.C., for the purpose of promoting federal-state cooperation, headed by a director. The director and a staff assistant for the office shall be appointed by the governor outside the classified service, subject to the concurrence of the joint committee on legislative organization. The director and staff assistant shall serve at the pleasure of the governor.

AB40, s. 230 Section 230. 16.61 (13) (a) of the statutes is amended to read:

AB40,109,23 16.61 (13) (a) The historical society, as trustee for the state, shall be the ultimate depository of the archives of the state, and the board may transfer to the society such original records and reproductions as it deems proper and worthy of permanent preservation, including records and reproductions which the custodian thereof has been specifically directed by statute to preserve or keep in the custodian's office. The permanent preservation of records of the University of Wisconsin System and of the University of Wisconsin-Madison may be accomplished under par. (b). The society may deposit in the regional depositories established under s. 44.10, title remaining with the society, the records of state agencies or their district or regional offices which are primarily created in the geographic area serviced by the depository, but the records of all central departments, offices, establishments and agencies shall remain in the main archives in the capital city under the society's immediate jurisdiction, except that the society may place the records temporarily at a regional depository for periods of time to be determined by the society. Nothing in this subsection nor in ch. 44 prevents the society's taking the steps for the safety of articles and materials entrusted to its care in library, museum or archives, including temporary removal to safer locations, dictated by emergency conditions arising from a state of war, civil rebellion or other catastrophe.

AB40, s. 231 Section 231. 16.61 (13) (b) of the statutes is amended to read:

AB40,110,7 16.61 (13) (b) The board may designate an archival depository at the University of Wisconsin-Madison and at each university as defined in s. 36.05 (13) which shall meet standards for university archival depositories established by the board with the advice of the board of regents Board of Trustees, the Board of Regents, and the historical society or their respective designated representatives. The board may transfer to the appropriate university archival depository all original records and reproductions the board deems worthy of permanent preservation.

AB40, s. 232 Section 232. 16.70 (1e) of the statutes is amended to read:

AB40,110,14 16.70 (1e) "Agency" means an office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts , but not including an. "Agency" includes the University of Wisconsin-Madison but does not include any other authority.

AB40, s. 233 Section 233. 16.70 (3g) of the statutes is renumbered 84.01 (13) (a) and amended to read:

AB40,110,21 84.01 (13) (a) "Cost-benefit In this subsection, "cost-benefit analysis" means a comprehensive study to identify and compare the total cost, quality, technical expertise, and timeliness of a service performed by state employees and resources with the total cost, quality, technical expertise, and timeliness of the same service obtained by means of a contract for contractual services.

AB40, s. 234 Section 234. 16.705 (1p) of the statutes is created to read:

AB40,110,24 16.705 (1p) Subsection (1) does not apply to an agreement entered into by the department of veterans affairs under s. 45.50 (2m) (c).

AB40, s. 235 Section 235. 16.705 (1r) (d) of the statutes is amended to read:

AB40,111,3 16.705 (1r) (d) Contractual services purchased by the Board of Regents of the University of Wisconsin System with moneys appropriated under s. 20.285 (1) (j), (ja), (jm), (u), or (w) or (5) (j).

AB40, s. 236 Section 236. 16.705 (1r) (e) of the statutes is created to read:

AB40,111,7 16.705 (1r) (e) Contractual services purchased by the Board of Trustees of the University of Wisconsin-Madison with moneys other than moneys appropriated under s. 20.280 (1) (a) to (s).

AB40, s. 237 Section 237. 16.705 (2) of the statutes is repealed.

AB40, s. 238 Section 238. 16.705 (3) of the statutes is repealed.

AB40, s. 239 Section 239. 16.705 (8) of the statutes is repealed.

AB40, s. 240 Section 240. 16.705 (9) of the statutes is created to read:

AB40,111,19 16.705 (9) The department shall maintain a list of persons that are or have been a party to a contract with the state under this subchapter who have violated a provision of this subchapter or a contract under this subchapter. The parties on the list are ineligible for state contracts and no state contract may be awarded to a party on the ineligible list. The department may remove any party from the ineligible list if the department determines that the party's practices comply with this subchapter and provide adequate safeguards against future violations of this subchapter or contracts under this subchapter.

AB40, s. 241 Section 241. 16.71 (4) of the statutes is created to read:

AB40,111,25 16.71 (4) The department shall delegate to the Board of Trustees of the University of Wisconsin-Madison the authority to enter into contracts for materials, supplies, equipment, or services that relate to higher education and that agencies other than the University of Wisconsin-System or the University of Wisconsin-Madison do not commonly purchase.

AB40, s. 242 Section 242. 16.72 (2) (d) of the statutes is repealed.

AB40, s. 243 Section 243. 16.72 (8) of the statutes is amended to read:

AB40,112,7 16.72 (8) The department may purchase educational technology materials, supplies, equipment, or contractual services from orders placed with the department by school districts, cooperative educational service agencies, technical college districts, and the board of regents Board of Regents of the University of Wisconsin System, and the Board of Trustees of the University of Wisconsin-Madison.

AB40, s. 244 Section 244. 16.73 (4m) of the statutes is created to read:

AB40,112,14 16.73 (4m) The Board of Trustees of the University of Wisconsin-Madison may enter into agreements with other higher education institutions under which any of the parties may agree to participate in, administer, sponsor, or conduct purchasing of materials, supplies, equipment, permanent personal property, miscellaneous capital, or contractual services. The University of Wisconsin-Madison may purchase from any vendor selected as a result of such purchasing agreements.

AB40, s. 245 Section 245. 16.73 (5) of the statutes is amended to read:

AB40,112,23 16.73 (5) If the department designates the board of regents Board of Trustees of the University of Wisconsin System Wisconsin-Madison as its purchasing agent for any purpose under s. 16.71 (1), the board may enter into a contract to sell any materials, supplies, equipment or contractual services purchased by the board to the University of Wisconsin Hospitals and Clinics Authority, and may contract with the University of Wisconsin Hospitals and Clinics Authority for the joint purchase of any materials, supplies, equipment or contractual services if the sale or purchase is made consistently with that delegation and with this subchapter.

AB40, s. 246 Section 246. 16.75 (1) (b) of the statutes is amended to read:

AB40,113,13 16.75 (1) (b) When the estimated cost exceeds $25,000 $50,000, the department shall invite bids to be submitted. The department either shall either solicit sealed bids to be opened publicly at a specified date and time, or shall solicit bidding by auction to be conducted electronically at a specified date and time. Whenever bids are invited, due notice inviting bids shall be published as a class 2 notice, under ch. 985 or posted on the Internet at a site determined or approved by the department. The bid opening or auction shall occur at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet. The notice shall specify whether sealed bids are invited or bids will be accepted by auction, and shall give a clear description of the materials, supplies, equipment, or contractual services to be purchased, the amount of any bond, share draft, check, or other draft to be submitted as surety with the bid or prior to the auction, and the date and time that the public opening or the auction will be held.

AB40, s. 247 Section 247. 16.75 (1) (c) of the statutes is amended to read:

AB40,113,17 16.75 (1) (c) Except as provided in sub. (7), when the estimated cost is $25,000 $50,000 or less, the award may be made in accordance with simplified procedures established by the department for such transactions.

AB40, s. 248 Section 248. 16.75 (2m) (b) of the statutes is amended to read:

AB40,114,2 16.75 (2m) (b) When the estimated cost exceeds $25,000 $50,000, the department may invite competitive sealed proposals by publishing a class 2 notice under ch. 985 or by posting notice on the Internet at a site determined or approved by the department. The notice shall describe the materials, supplies, equipment, or contractual services to be purchased, the intent to make the procurement by solicitation of proposals rather than by solicitation of bids, any requirement for surety and the date the proposals will be opened, which shall be at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet.

AB40, s. 249 Section 249. 16.75 (2m) (c) of the statutes is amended to read:

AB40,114,6 16.75 (2m) (c) When the estimated cost is $25,000 $50,000 or less, the department may award the order or contract may be awarded in accordance with simplified procedures established by the department for such transactions.

AB40, s. 250 Section 250. 16.75 (3m) (a) 1. of the statutes is amended to read:

AB40,114,10 16.75 (3m) (a) 1. "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 251 Section 251. 16.75 (3m) (a) 2. of the statutes is amended to read:

AB40,114,14 16.75 (3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 252 Section 252. 16.75 (3m) (a) 3. of the statutes is amended to read:

AB40,114,18 16.75 (3m) (a) 3. "Disabled veteran-owned investment firm" means an investment firm certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 253 Section 253. 16.75 (3m) (a) 4. of the statutes is amended to read:

AB40,114,21 16.75 (3m) (a) 4. "Minority business" means a business certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 254 Section 254. 16.75 (3m) (c) 5. a. of the statutes is amended to read:

AB40,115,3 16.75 (3m) (c) 5. a. In determining whether a purchase, contract or subcontract complies with the goal established under par. (b) 1. or s. 16.855 (10m) (am) 1., 16.87 (2) (b), or 25.185 (2), the department shall include only amounts paid to minority businesses, minority financial advisers and minority investment firms certified by the department of commerce safety and professional services under s. 560.036 490.04 (2).

AB40, s. 255 Section 255. 16.75 (3m) (c) 5. b. of the statutes is amended to read:

AB40,115,8 16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract is made with a disabled veteran-owned business, the department shall include only amounts paid to disabled veteran-owned businesses certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 256 Section 256. 16.75 (3t) (c) (intro.) of the statutes is amended to read:

AB40,116,3 16.75 (3t) (c) (intro.) The department of corrections shall periodically provide to the department of administration a current list of all materials, supplies, equipment or contractual services, excluding commodities, that are supplied by prison industries, as created under s. 303.01. The department of administration shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed proposals with respect to the purchase of any materials, supplies, equipment or contractual services enumerated in the list, the department of administration or any other designated purchasing agent under s. 16.71 (1) shall offer prison industries the opportunity to supply the materials, supplies, equipment or contractual services if the department of corrections is able to provide them at a price comparable to that is equal to or lower than one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications, provided the specifications are written in accordance with s. 16.72 (2) (d). If the department of administration or other purchasing agent is unable to determine whether the price of prison industries is comparable equal to or lower than one obtained through competitive bidding or competitive sealed proposals, it may solicit bids or competitive proposals before awarding the order or contract. This paragraph does not apply to the printing of the following forms:

AB40, s. 257 Section 257. 16.75 (4) (b) of the statutes is amended to read:

AB40,116,7 16.75 (4) (b) The department shall seek the cooperation and assistance of the department of commerce safety and professional services in the performance of its duties under par. (a).

AB40, s. 258 Section 258. 16.75 (6) (bm) of the statutes is amended to read:

AB40,116,15 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 (1) and (2) to (8), (5), (6), and (7) and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of children and families under s. 49.143, if the department of children and families presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

AB40, s. 259 Section 259. 16.75 (6) (c) of the statutes is amended to read:

AB40,117,4 16.75 (6) (c) If the secretary determines that it is in the best interest of this state to do so, he or she may, with the approval of the governor, waive the requirements of subs. (1) to (5) and may purchase supplies, material, equipment, or contractual services, other than printing and stationery, from a private source other than a source specified in par. (b). Except as provided in sub. (2g) (c), if the cost of the purchase is expected to exceed $25,000 $50,000, the department shall first publish a class 2 notice under ch. 985 or post a notice on the Internet at the site determined or approved by the department under sub. (1) (b) describing the materials, supplies, equipment, or contractual services to be purchased, stating the intent to make the purchase from a private source without soliciting bids or competitive sealed proposals and stating the date on which the contract or purchase order will be awarded. The date of the award shall be at least 7 days after the date of the last insertion or the date of posting on the Internet.

AB40, s. 260 Section 260. 16.75 (10e) (b) of the statutes is amended to read:

AB40,117,25 16.75 (10e) (b) The If s. 16.855 (10s) (a) provides an applicable standard for the type of agency consuming equipment being purchased and the purchase will cost more than $5,000 per unit the department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority may not purchase that type of energy consuming equipment unless the specifications for the equipment meet the applicable standards for the equipment established under s. 16.855 (10s) (a). If there is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming equipment being purchased, or if. If there is an applicable standard under s. 16.855 (10s) (a), but the energy consuming equipment meeting that standard is not reasonably available, the department, purchasing agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the energy consuming equipment that is purchased maximizes energy efficiency to the extent technically and economically feasible. The department, purchasing agent, agency, or authority shall not determine that energy consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.

AB40, s. 261 Section 261. 16.751 of the statutes is amended to read:

AB40,118,5 16.751 Information technology purchases by investment board. The requirements of ss. 16.72 (2) (b) and (d) and 16.75 (1) (a) 1. and (2m) (g) do not apply to procurements authorized to be made by the investment board under s. 16.78 (1) for information technology purposes.