AB40,102,1412 2. Notwithstanding sub. (1m) or (14) (e), the department may waive the
13condition of certification as a qualified bidder if the project is of such magnitude as
14to limit competition if the conditions under par. (b) 1. were required.
AB40,102,2015 3. The department shall consider for certification under par. (b) associations
16consisting of at least 2 contracting firms that are organized for the purpose of
17entering into a construction contract as a single entity if at least one of the
18contracting firms is qualified under par. (b) and if the assignment of, and provisions
19for the continuity of, the various responsibilities within the association are agreed
20upon before the contract is awarded.
AB40,102,2221 (b) 1. To be certified as a qualified bidder, a bidder must meet all of the following
22conditions:
AB40,103,223 a. The bidder has completed at least one project that involved similar work to
24the work being bid and the project was at least 50 percent of the size or value of the
25division of the project being bid. If the department determines that more experience

1is necessary for a particular project, the department may include additional
2requirements in the specifications and certify bidders accordingly.
AB40,103,53 b. The bidder has access to all necessary equipment and the organizational
4capacity and technical competence necessary to perform the project work properly
5and expeditiously.
AB40,103,76 2. To be certified as a responsible bidder, a bidder must meet all of the following
7conditions:
AB40,103,88 a. The bidder maintains a permanent place of business.
AB40,103,129 b. The bidder submits a sworn statement, upon the department's request, that
10indicates that the bidder has adequate financial resources to complete the work
11being bid, taking into account any other work the bidder is currently under contract
12to complete.
AB40,103,1313 c. The bidder is bondable for the term of the proposed contract.
AB40,103,2114 d. The bidder has a record of satisfactorily completing projects. In determining
15this factor, the department shall consider if the bidder has completed all contracts
16in accordance with drawings and specifications; diligently pursued execution of the
17work and completed contracts according to the time schedule, taking account of
18extensions granted; fulfilled guarantee requirements of contracts; if the contract
19included an affirmative action program requirement, complied with the
20requirement; and, if the contract included a safety program requirement, complied
21with the requirement.
AB40,103,2422 e. The bidder is not on an ineligible list that the department maintains under
23s. 16.705 (9) or 16.765 (9) or on a list that another agency maintains for persons who
24violated construction-related statutes or administrative rules.
AB40,103,2525 f. The bidder has been in business for at least 12 months.
AB40,104,1
1g. The bidder is a legal entity and authorized to do business in Wisconsin.
AB40,104,32 h. The bidder has performed at least one other public project for a government
3entity.
AB40,104,54 i. The bidder can provide information, upon request, to the department on the
5bidder's ownership, management, and control.
AB40,104,86 j. In any jurisdiction, the bidder, in the previous 10 years, has not been debarred
7from any government contracts and has not been found to have committed tax
8avoidance or evasion.
AB40,104,129 k. In any jurisdiction, in the previous 10 years, the bidder has not been
10disciplined under a professional license and none of the bidder's employees and no
11member of the bidder's organization has been disciplined under a professional
12license.
AB40,145 13Section 145. 16.855 (10m) (am) 3. of the statutes is amended to read:
AB40,104,1814 16.855 (10m) (am) 3. The department may award any contract to a minority
15business or disabled veteran-owned business, or a business that is both a minority
16business and a disabled veteran-owned business, that if the business is a qualified
17responsible bidder and the business
submits a qualified responsible bid that is no
18more than 5 percent higher than the apparent low bid.
AB40,146 19Section 146. 16.855 (13) of the statutes is repealed and recreated to read:
AB40,104,2420 16.855 (13) (a) In any project under this section let under single prime
21contracting, the department shall identify, as provided under par. (b), necessary
22mechanical, electrical, or plumbing subcontractors who are qualified responsible
23bidders and a general prime contractor who is submitting a bid under sub. (14) shall
24include the selected subcontractors.
AB40,105,10
1(b) For purposes of selecting subcontractors under par. (a), the department
2shall develop and administer an open and public bidding process and follow the
3requirements and procedures under sub. (2). Within 48 hours of bid submission, the
4department shall make available on the department Internet site the names of the
5bidders and the amount of the bid. No more than 7 days after the deadline for bid
6submission, the department shall provide public notice of the lowest bidders who are
7qualified responsible bidders. The department shall make available on its Internet
8site the bids, including the bid documents, identified under this paragraph as the
9lowest bidders and they shall be open to public inspection. No other bids under this
10paragraph may be on the Internet site or open to public inspection.
AB40,147 11Section 147. 16.855 (14) (a) of the statutes is renumbered 16.855 (14) (d) and
12amended to read:
AB40,105,2313 16.855 (14) (d) If a project requires prior approval of the building commission
14under s. 13.48 (10) (a) and bids are required to be solicited under sub. (2), the
15department shall take both single bids and separate bids on any division of the work
16that it designates. If a project does not require prior approval of the building
17commission under s. 13.48 (10) (a) and bids are required to be solicited under sub.
18(2), the department may take single bids or separate bids on any division of the work
19that it designates. If the department awards contracts by the division of work, the
20department shall award the contracts according to the division of work selected for
21bidding.
Except as provided in sub. (10m) (am), the department shall award all
22single prime contracts to the lowest bidder who is a qualified responsible bidder or
23bidders
that result results in the lowest total construction cost for the project.
AB40,148 24Section 148. 16.855 (14) (am) of the statutes is created to read:
AB40,106,2
116.855 (14) (am) Except as provided in s. 13.48 (19), the department shall let
2all construction projects that exceed $185,000 through single prime contracting.
AB40,149 3Section 149. 16.855 (14) (b) of the statutes is amended to read:
AB40,106,84 16.855 (14) (b) The state is not liable to a prime contractor for damage from
5delay caused by another prime contractor if the department takes reasonable action
6to require the delaying prime contractor to comply with its contract. If the state is
7not liable under this paragraph, the delayed prime contractor may bring an action
8for damages against the delaying prime contractor.
AB40,150 9Section 150 . 16.855 (14) (bm) of the statutes is created to read:
AB40,106,1310 16.855 (14) (bm) If the bid is being let through single prime contracting, bidders
11for the general prime contractor who are responsible qualified bidders shall submit
12their bids to the department no later than 7 days after the successful subcontractor
13bids become available to the public under sub. (13) (b).
AB40,151 14Section 151 . 16.855 (14) (c) of the statutes is created to read:
AB40,106,1915 16.855 (14) (c) The department shall reject any bid for the general prime
16contractor from a bidder who submits a bid that includes contractors other than the
17ones selected under sub. (13) (a). The award of a contract may not be finalized until
18the department approves the required performance bond and certificate of
19insurance.
AB40,152 20Section 152. 16.855 (14) (e) of the statutes is created to read:
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)
.
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