AB40,70,32 c. Two members, who are not legislators, appointed by the speaker of the
3assembly.
AB40,70,54 d. One member, who is not a legislator, appointed by the assembly minority
5leader.
AB40,70,106 3. Two members, appointed by the state superintendent of public instruction,
7who in addition to the qualifications under par. (b) have served on the governing
8board of a charter school established under s. 118.40 (2r), have been employed by a
9charter school established under s. 118.40 (2r), or have served on the governing body
10of an entity specified in s. 118.40 (2r) (b) 1.
AB40,70,1611 (b) The appointing authorities under par. (a) shall ensure to the extent feasible
12that members appointed to the board are geographically diverse and have experience
13and expertise in governing public and nonprofit organizations; in management and
14finance; in public school leadership, assessment, and curriculum and instruction;
15and in education law; and understand and are committed to the use of charter schools
16to strengthen public education.
AB40,70,1817 (c) No member of the board appointed under par. (a) may serve more than 2
18consecutive terms.
AB40,70,1919 (d) The board does not have rule-making authority.
AB40,46 20Section 46. 15.406 (6) (a) 1. of the statutes is amended to read:
AB40,71,421 15.406 (6) (a) 1. Six massage therapists or bodywork therapists licensed under
22ch. 460 who have engaged in the practice of massage therapy or bodywork therapy
23for at least 2 years preceding appointment. One member appointed under this
24subdivision shall be a representative of a massage therapy or bodywork therapy
25school approved by the educational approval board under s. 38.50 440.55. One

1member appointed under this subdivision shall be a representative of a massage
2therapy or bodywork therapy program offered by a technical college in this state. No
3other members appointed under this subdivision shall be directly or indirectly
4affiliated with a massage therapy or bodywork therapy school or program.
AB40,47 5Section 47. 15.58 of the statutes is renumbered 15.225 (2) and amended to
6read:
AB40,71,97 15.225 (2) Employment relations commission ; creation. There is created an
8employment relations commission which is attached to the department of workforce
9development under s. 15.03
.
AB40,48 10Section 48. 15.945 (title) of the statutes is repealed.
AB40,49 11Section 49. 15.945 (1) of the statutes is renumbered 15.405 (18) and amended
12to read:
AB40,71,1813 15.405 (18) Educational approval board. There is created an educational
14approval board which is attached to the technical college system board department
15of safety and professional services
under s. 15.03. The board shall consist of not more
16than 7 members, who shall be representatives of state agencies and other persons
17with a demonstrated interest in educational programs, appointed to serve at the
18pleasure of the governor.
AB40,50 19Section 50. 16.004 (15) (a) of the statutes is amended to read:
AB40,71,2220 16.004 (15) (a) In this subsection, "state agency" means a any office,
21department, or independent agency in the executive branch of state government that
22has a secretary who serves at the pleasure of the governor
.
AB40,51 23Section 51. 16.004 (15) (b) of the statutes is repealed and recreated to read:
AB40,72,224 16.004 (15) (b) 1. At its own discretion, the department may provide legal
25services to any state agency that has a secretary who serves at the pleasure of the

1governor and shall assess the state agency for legal services provided by the division
2of legal services.
AB40,72,63 2. At the request of any state agency that does not have a secretary who serves
4at the pleasure of the governor, the department may provide legal services to the
5state agency and shall assess the state agency for legal services provided by the
6division of legal services.
AB40,72,87 3. The department shall credit all moneys received from state agencies under
8this paragraph to the appropriation account under s. 20.505 (1) (kr).
AB40,52 9Section 52. 16.004 (15) (bm) of the statutes is repealed.
AB40,53 10Section 53. 16.004 (18) of the statutes is created to read:
AB40,72,1411 16.004 (18) Intergovernmental affairs offices. The secretary may maintain
12intergovernmental affairs offices to conduct public outreach and promote
13coordination between agencies, as defined in s. 16.70 (1e), and authorities, as defined
14in s. 16.70 (2).
AB40,54 15Section 54. 16.004 (19) of the statutes is created to read:
AB40,72,1916 16.004 (19) Capital investment program. In consultation with the director of
17the office of business development, the secretary shall provide $25,000,000 in fiscal
18year 2013-14 for a capital investment program to make coinvestments in business
19startups and investment capital projects.
AB40,55 20Section 55. 16.283 (1) (b) 3. of the statutes is amended to read:
AB40,72,2321 16.283 (1) (b) 3. A person who is in receipt of an award from the U.S.
22department of veterans affairs of a service-connected disability rating under 38 USC
231114
or 1134 of at least 30 20 percent.
AB40,56 24Section 56. 16.283 (3) (b) of the statutes is renumbered 16.283 (3) (b) 1m.
AB40,57 25Section 57. 16.283 (3) (b) 2m. of the statutes is created to read:
AB40,73,9
116.283 (3) (b) 2m. The department may, without conducting an investigation,
2certify a business, financial adviser, or investment firm having its principal place of
3business in this state and currently performing a useful business function if the
4business, financial advisor, or investment firm is certified, or otherwise classified, as
5a disabled veteran-owned business, financial advisor, or investment firm by an
6agency or municipality of this or another state, a federally recognized American
7Indian tribe, or the federal government, or by a private business with expertise in
8certifying disabled veteran-owned businesses if the business uses substantially the
9same procedures the department uses in making a determination under subd. 1m.
AB40,58 10Section 58. 16.283 (3) (d) of the statutes is amended to read:
AB40,73,1811 16.283 (3) (d) If a business, financial adviser, or investment firm applying for
12certification under this section
fails to provide the department with sufficient
13information to enable the department to conduct an investigation under par. (b) 1m.
14or does not qualify for certification under par. (b), the department shall deny the
15application. A business, financial adviser, or investment firm whose application is
16denied may, within 30 days after the date of the denial, appeal in writing to the
17secretary. The secretary shall enter his or her final decision within 30 days after
18receiving the appeal.
AB40,59 19Section 59. 16.285 (1) (b) of the statutes is amended to read:
AB40,74,520 16.285 (1) (b) The department shall implement a program for the certification
21of woman-owned businesses. The department shall compile and periodically update
22a list of businesses certified under this section and shall make the list available to
23the public on the Internet
may, without conducting an investigation, certify a
24business currently performing a useful business function in this state as a
25woman-owned business if the business is certified, or otherwise classified, as a

1woman-owned business by an agency or municipality of this or another state, a
2federally recognized American Indian tribe, or the federal government, or by a
3private business with expertise in certifying woman-owned businesses if the
4business uses substantially the same process as the department promulgates by rule
5for implementing this subsection
.
AB40,60 6Section 60. 16.285 (2) of the statutes is amended to read:
AB40,74,137 16.285 (2) The department shall develop, maintain, and keep current a
8computer database of businesses in the state that are owned by women, containing
9demographic statistics and information on the types of industries represented, sales
10volume and growth rates, generation of jobs by both new and existing businesses,
11and any other relevant characteristics. The department shall compile and
12periodically update a list of businesses certified under sub. (1) and make the list
13available to the public on the Internet.
AB40,61 14Section 61. 16.287 (2) (c) of the statutes is amended to read:
AB40,74,2115 16.287 (2) (c) The department, without investigation, may certify a business
16incorporated in this state or having its principal place of business in this state if the
17business is certified or otherwise classified as a minority business by an agency or
18municipality
of this or another state, a federally recognized American Indian tribe,
19or the federal government, or by a private business with expertise in certifying
20minority businesses if the private business uses substantially the same procedures
21as those used by the department in making a determination under par. (b).
AB40,62 22Section 62. 16.287 (2) (e) of the statutes is amended to read:
AB40,75,323 16.287 (2) (e) If a business refuses to provide the department with sufficient
24information to enable it to conduct an investigation under par. (b) or if the business
25does not qualify for certification under par. (b), (c) or (d), the department shall deny

1the application. A business whose application is denied may, within 30 days after
2the date of the denial, appeal in writing to the secretary. The secretary shall enter
3his or her final decision within 30 days after receiving the appeal.
AB40,63 4Section 63. 16.309 (title) of the statutes is amended to read:
AB40,75,5 516.309 (title) Community development block grant housing programs.
AB40,64 6Section 64. 16.309 (1) of the statutes is amended to read:
AB40,75,107 16.309 (1) The department may administer housing programs, including the
8housing improvement grant program and, the initial rehabilitation grant program,
9the community development grant program, and the revolving loan fund program,
10that are funded by a community development block grant, 42 USC 5301 to 5320.
AB40,65 11Section 65. 16.310 (5) of the statutes is amended to read:
AB40,75,1512 16.310 (5) Nonapplication. This section does not apply to property that is
13authorized to be sold under or leased or property that is operated under contract as
14provided in
s. 16.848 while an offer of sale, sale, or lease agreement is pending or
15while the property is leased or under contractual operation
.
AB40,66 16Section 66. 16.505 (4) (b) of the statutes is amended to read:
AB40,75,2017 16.505 (4) (b) Except as provided in par. (c), no No agency may change the
18funding source for a position authorized under this section unless the position is
19authorized to be created under a different funding source in accordance with this
20section.
AB40,67 21Section 67. 16.505 (4) (c) of the statutes is repealed.
AB40,68 22Section 68. 16.70 (2) of the statutes is amended to read:
AB40,75,2423 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or subch.
24III of ch. 149 or under ch. 231, 232, 233, 234, 237, 238, or 279.
AB40,69 25Section 69. 16.70 (2j) of the statutes is created to read:
AB40,76,2
116.70 (2j) "Commodity" means materials, supplies, or equipment, but does not
2include a service.
AB40,70 3Section 70. 16.70 (3) of the statutes is amended to read:
AB40,76,84 16.70 (3) "Contractual services" includes all services, materials to be furnished
5by a service provider in connection with services, and any limited trades work
6involving less than $30,000 to be done for or furnished to the state or any agency, but
7does not include maintenance or support that is incidental to the purchase of a
8commodity
.
AB40,71 9Section 71. 16.70 (3j) of the statutes is created to read:
AB40,76,1210 16.70 (3j) "Delegated agency" means an agency that has a designated
11purchasing agent to whom the department has delegated the authority to purchase
12under s. 16.71 (1).
AB40,72 13Section 72. 16.70 (8) of the statutes is amended to read:
AB40,76,1714 16.70 (8) "Municipality" means a county, city, village, town, school district,
15board of school directors, sewer district, drainage district, technical college district,
16authority,
or any other public or quasi-public corporation, officer, board or other body
17having the authority to award public contracts.
AB40,73 18Section 73. 16.70 (13m) of the statutes is created to read:
AB40,76,2119 16.70 (13m) "Standard specification" means a requirement or qualification
20that is chemical, physical, or both chemical and physical that describes the
21commodity or service to be purchased but is not a trade name.
AB40,74 22Section 74. 16.701 (title) of the statutes is amended to read:
AB40,76,23 2316.701 (title) Subscription service and procurement system.
AB40,75 24Section 75. 16.701 (1m) of the statutes is created to read:
AB40,77,7
116.701 (1m) The department may provide an electronic procurement system
2to manage all aspects of procurement under this subchapter. The electronic
3procurement system may supplement or supplant the subscription service under
4sub. (1). If the department provides an electronic procurement system under this
5subsection, the department may require that an agency use the system. The
6department may assess agencies and vendors for the costs of the system under this
7subsection in accordance with a method the department develops.
AB40,76 8Section 76. 16.701 (2) of the statutes is amended to read:
AB40,77,139 16.701 (2) The department may permit prospective vendors to provide product
10or service information through the service established under sub. (1) or through the
11system provided under sub. (1m)
. The department may prescribe fees or establish
12fees through a competitive process for the use of the service or system under this
13subsection.
AB40,77 14Section 77. 16.7015 of the statutes is amended to read:
AB40,78,3 1516.7015 Bidders list. The department may maintain a bidders list. Any
16agency to which the department delegates purchasing authority under s. 16.71 (1)
17may maintain a bidders list if authorized by the delegation.
The bidders list shall
18include the names and addresses of all persons who request to be notified of bids or
19competitive sealed proposals, excluding those to be awarded under s. 16.75 (1) (c) or
20(2m) (c), that are solicited by the department or other delegated agency for the
21procurement of materials, supplies, equipment, or contractual services under this
22subchapter. Any bidders list maintained by the department may include the names
23and addresses of any person who requests to be notified of bids or competitive sealed
24proposals that are solicited by any agency. The department or other delegated
25agency shall notify each person on its the bidders list of all bids or competitive sealed

1proposals that are solicited by the department or other delegated agency. The
2department or other agency may remove any person from its the bidders list for
3cause.
AB40,78 4Section 78. 16.705 (1) of the statutes is amended to read:
AB40,78,85 16.705 (1) The department or its agents a delegated agency may contract for
6services which can be performed more economically or efficiently by such contract.
7The department shall, by rule, prescribe uniform procedures for determining
8whether services are appropriate for contracting under this subsection.
AB40,79 9Section 79. 16.705 (1b) (intro.) and (c) of the statutes are created to read:
AB40,78,1110 16.705 (1b) (intro.) The determinations under sub. (1) do not apply to a contract
11entered into by any of the following:
AB40,78,1212 (c) The department under s. 16.848 (1).
AB40,80 13Section 80. 16.705 (1m) of the statutes is renumbered 16.705 (1b) (a) and
14amended to read:
AB40,78,1615 16.705 (1b) (a) Subsection (1) does not apply to contracts entered into by the
16The service award board under s. 16.25 (4) (b).
AB40,81 17Section 81. 16.705 (1n) of the statutes, as affected by 2011 Wisconsin Act 266,
18is renumbered 16.705 (1b) (b) and amended to read:
AB40,78,2119 16.705 (1b) (b) Subsection (1) does not apply to a contract entered into by the
20The department of corrections for global positioning system tracking services under
21s. 301.48 (3) or 301.49.
AB40,82 22Section 82. 16.705 (1r) (intro.) of the statutes is amended to read:
AB40,79,323 16.705 (1r) (intro.) Notwithstanding s. 16.75 (2m) and (3m), and except as
24provided in s. 16.75 (2) (b) and (7), the department and its agents or a delegated
25agency
may purchase contractual services only if those services are performed

1within the United States, which, notwithstanding s. 990.01 (40) and (44), includes
2only the 50 states and the District of Columbia
. This requirement does not apply to
3any of the following:
AB40,83 4Section 83. 16.705 (2) of the statutes, as affected by 2011 Wisconsin Act 32,
5is renumbered 16.705 (2) (a) and amended to read:
AB40,79,176 16.705 (2) (a) The department shall promulgate rules for the procurement of
7contractual services by the department and its designated agents or a delegated
8agency
, including but not limited to rules prescribing approval and monitoring
9processes for contractual service contracts,; except as provided in par. (b), a
10requirement for agencies, except for the University of Wisconsin System, to conduct
11a uniform cost-benefit analysis of each proposed contractual service procurement
12involving an estimated expenditure of more than $25,000 $50,000 in accordance with
13standards prescribed in the rules,; and, except as provided in par. (b), a requirement
14for agencies, except for the University of Wisconsin System, to review periodically,
15and before any renewal, the continued appropriateness of contracting under each
16contractual services agreement involving an estimated expenditure of more than
17$25,000 $50,000.
AB40,80,2 18(c) Each officer requesting approval to engage any person to perform
19contractual services shall submit to the department written justification for such
20contracting which shall include a description of the contractual services to be
21procured, justification of need, justification for not contracting with other agencies,
22a specific description of the scope of contractual services to be performed, and
23justification for the procurement process if a process other than competitive bidding
24is to be used. The department may not approve any contract for contractual services

1unless it is satisfied that the justification for contracting conforms to the
2requirements of this section and ss. 16.71 to 16.77.
AB40,84 3Section 84. 16.705 (2) (b) of the statutes is created to read:
AB40,80,54 16.705 (2) (b) A cost-benefit analysis or continued appropriateness review is
5not required for the following services:
AB40,80,66 1. Services that federal or state law requires to be performed by contract.
AB40,80,77 2. Services that are incidental to the purchase of a commodity.
AB40,80,98 3. Services that must be provided per a contract, license, or warranty, by the
9original equipment manufacturer or publisher.
AB40,80,1110 4. Services that cannot be performed by state employees because the state lacks
11the required infrastructure.
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