SB21: Bill Text

SB21,145,15 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 that is equal to or lower than comparable to one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications. If the department of administration or other purchasing agent is unable to determine whether the price of prison industries is equal to or lower than comparable to 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:

SB21,343 Section 343. 16.75 (3t) (c) 1. of the statutes is repealed.

SB21,344 Section 344. 16.75 (3t) (c) 6. of the statutes is repealed.

SB21,345 Section 345. 16.75 (8) of the statutes is amended to read:

SB21,145,25 16.75 (8) (am) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other than the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, and the Lower Fox River Remediation Authority shall, to the extent practicable, make purchasing selections using specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and recovered materials.

SB21,146,6 (bm) Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, and the Lower Fox River Remediation Authority shall ensure that the average recycled or recovered content of all paper purchased by the agency or authority measured as a proportion, by weight, of the fiber content of paper products purchased in a fiscal year, is not less than 40% of all purchased paper.

SB21,346 Section 346. 16.75 (12) (a) 1. of the statutes is amended to read:

SB21,146,11 16.75 (12) (a) 1. "Agency" means the department of administration, the department of corrections, the department of health services, the department of public instruction, and the department of veterans affairs, and the Board of Regents of the University of Wisconsin System.

SB21,347 Section 347. 16.765 (1) of the statutes is amended to read:

SB21,146,23 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB21,348 Section 348. 16.765 (2) of the statutes is amended to read:

SB21,147,18 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

SB21,349 Section 349. 16.765 (4) of the statutes is amended to read:

SB21,147,25 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

SB21,350 Section 350. 16.765 (5) of the statutes is amended to read:

SB21,148,18 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

SB21,351 Section 351. 16.765 (6) of the statutes is amended to read:

SB21,149,3 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

SB21,352 Section 352. 16.765 (7) (intro.) of the statutes is amended to read:

SB21,149,14 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

SB21,353 Section 353. 16.765 (7) (d) of the statutes is amended to read:

SB21,149,22 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

SB21,354 Section 354. 16.765 (8) of the statutes is amended to read:

SB21,150,14 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

SB21,355 Section 355. 16.78 (1) of the statutes is amended to read:

SB21,151,4 16.78 (1) Every agency other than the board of regents of the University of Wisconsin System, the University of Wisconsin-Madison, 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, unless the department requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 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 and the University of Wisconsin-Madison may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department.

SB21,356 Section 356. 16.838 (1) (b) of the statutes is amended to read:

SB21,151,7 16.838 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 36, 231, 232, 233, 234, or 237.

SB21,357 Section 357. 16.84 (10) of the statutes is amended to read:

SB21,151,17 16.84 (10) Approve the design, structure, composition, location and arrangements made for the care and maintenance of all public monuments, memorials, or works of art which shall be constructed by or become the property of the state by purchase wholly or in part from state funds, or by gift or otherwise. "Work of art" means any painting, portrait, mural decoration, stained glass, statue, bas-relief, ornament, tablets, fountain or any other article or structure of a permanent character intended for decoration or commemoration. This subsection does not apply to public monuments, memorials or works of art which are or will become property of the University of Wisconsin System or the historical society.

SB21,358 Section 358. 16.845 (1) of the statutes is amended to read:

SB21,152,12 16.845 (1) Rule; penalty. Except as elsewhere expressly prohibited, the managing authority of any facility owned by the state or by the University of Wisconsin Hospitals and Clinics Authority or the University of Wisconsin System Authority or leased from the state by the Fox River Navigational System Authority may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities. No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility. The applicant for use shall be liable to the state, to the Fox River Navigational System Authority, to the University of Wisconsin System Authority, or to the University of Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use. All such sums payable to the state shall be paid into the general fund and credited to the appropriation account for the operation of the facility used. The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public. Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days or both. This subsection applies only to those facilities for which a procedure for obtaining a permit has been established by the managing authority.

SB21,359 Section 359. 16.847 (1) (b) of the statutes is amended to read:

SB21,152,16 16.847 (1) (b) "State facilities" means all property owned and operated by the state for the purpose of carrying out usual state functions, including each institution within the University of Wisconsin System.

SB21,360 Section 360. 16.848 (1s) (c) of the statutes is amended to read:

SB21,152,25 16.848 (1s) (c) Notwithstanding s. 20.001 (3) (a) to (c) and subject to approval under par. (d), the secretary may lapse or transfer to the general fund from the unencumbered balance of appropriations to any agency, other than sum sufficient appropriations or appropriations of program revenues to the Board of Regents of the University of Wisconsin System or appropriations of segregated or federal revenues, any amount appropriated to an agency that is determined by the secretary to be allocated for the management or operation of the facility that was sold or leased effective on the effective date of the sale or lease.

SB21,361 Section 361. 16.848 (2) (c) of the statutes is repealed.

SB21,362 Section 362. 16.848 (2) (em) of the statutes is created to read:

SB21,153,4 16.848 (2) (em) Subsection (1) does not apply to property that is subject to the lease agreement under s. 36.11 (27m) (a).

SB21,363 Section 363. 16.848 (2) (gr) of the statutes is amended to read:

SB21,153,7 16.848 (2) (gr) Subsection (1) does not apply to land that is sold or traded by the Kickapoo reserve management board under s. 41.41 23.0927 (7).

SB21,364 Section 364. 16.85 (1) of the statutes is amended to read:

SB21,153,23 16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the state, or any department, board, institution, commission, or officer of the state, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. s. 13.488, 36.09, and 36.11, except work to be performed for the University of Wisconsin System with respect to a building, structure, or facility involving a cost of less than $500,000 that is funded entirely with the proceeds of gifts or grants made to the system, and except the engineering, architectural, and construction work of the department of transportation; and the engineering service performed by the department of safety and professional services, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state.

SB21,365 Section 365. 16.85 (2) of the statutes is amended to read:

SB21,154,10 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. 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, 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 in ch. 36, 231, 233, 234 235, 237, 238, or 279.

SB21,366 Section 366. 16.85 (12) of the statutes is amended to read:

SB21,154,24 16.85 (12) To review and approve plans and specifications for any building or structure that is constructed for the benefit of the University of Wisconsin System Authority or any institution thereof, and to periodically review the progress of any such building or structure during construction to assure compliance with the approved plans and specifications. This subsection does not apply applies to any building, structure, or facility that is constructed. , remodeled, repaired, renewed, or expanded for the University of Wisconsin System involving a cost of less than $500,000 Authority if the project is financed from general purpose revenues. If a project is not financed from general purpose revenues, this subsection does not apply, except that if such project is not funded entirely from the proceeds of gifts or grants made to the system University of Wisconsin System Authority, and the cost of such project is at least $760,000, the department shall conduct the bidding process for the project at no cost to the authority.

SB21,367 Section 367. 16.85 (14) of the statutes is amended to read:

SB21,155,9 16.85 (14) To review and approve the design and specifications of any construction or improvement project of the University of Wisconsin Hospitals and Clinics Authority on state-owned land, to approve the decision to construct any such construction or improvement project and to periodically review the progress of the project during construction to assure compliance with the approved design and specifications. This subsection does not apply to any construction or improvement project of the authority that costs less than the amount that is required to be specified in the lease agreement between the authority and the board of regents Board of Regents of the University of Wisconsin System Authority under s. 233.04 (7) (d).

SB21,368 Section 368. 16.854 (1) (a) of the statutes is amended to read:

SB21,155,12 16.854 (1) (a) "Minority business" has the meaning given in s. 16.287 203.07 (1) (e).

SB21,369 Section 369. 16.854 (1) (b) of the statutes is amended to read:

SB21,155,15 16.854 (1) (b) "Minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,370 Section 370. 16.855 (1m) of the statutes is amended to read:

SB21,155,22 16.855 (1m) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $50,000, except for construction work authorized under s. 16.858 and except as provided in sub. (1r) or (10m) or s. 13.48 (19) (a). If factors other than dollar amounts are required to be evaluated for a project, the department shall specify a formula that will convert the other factors into a dollar value for comparison.

SB21,371 Section 371. 16.855 (10m) (ac) of the statutes is amended to read:

SB21,156,3 16.855 (10m) (ac) In this subsection, "disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,372 Section 372. 16.855 (10n) (a) of the statutes is amended to read:

SB21,156,6 16.855 (10n) (a) In this subsection, "minority group member" has the meaning given in s. 16.287 203.07 (1) (f).

SB21,373 Section 373. 16.855 (13) (a) 2. of the statutes is amended to read:

SB21,156,13 16.855 (13) (a) 2. In any project under this section that is let under s. 13.48 (19) (a), the department shall identify, as provided under par. (b), the mechanical, electrical, or plumbing subcontractors who have submitted the lowest bids and who are qualified responsible bidders. The contractor awarded a contract under s. 13.48 (19) (a) shall contract with the mechanical, electrical, or plumbing subcontractors so identified.

SB21,374 Section 374. 16.855 (14) (am) of the statutes is amended to read:

SB21,156,18 16.855 (14) (am) Except as provided in s. 13.48 (19) (a), the department shall let all construction projects that exceed $185,000 through single prime contracting. The department may not request or accept any alternate bids when letting a construction project through single prime contracting.

SB21,375 Section 375. 16.855 (20) of the statutes is repealed.

SB21,376 Section 376. 16.855 (22) of the statutes is amended to read:

SB21,157,6 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) involve an expenditure that exceeds $185,000 if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project, other than a project constructed by or for the University of Wisconsin System that is exempted under sub. (23), is at least $50,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

SB21,377 Section 377 . 16.855 (22) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,157,18 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not involve an expenditure that exceeds $185,000 if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project, other than a project constructed by or for the University of Wisconsin System that is exempted under sub. (23), is at least $50,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

SB21,378 Section 378. 16.855 (23) of the statutes is amended to read:

SB21,157,23 16.855 (23) This section does not apply to construction work for any project constructed by or for the University of Wisconsin System involving a cost of less than $500,000 $760,000 that is funded entirely with the proceeds of gifts and grants made to the system.

SB21,379 Section 379. 16.855 (23) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,380 Section 380. 16.865 (1) (a) of the statutes is amended to read:

SB21,158,5 16.865 (1) (a) Protect Except as provided in sub. (10), protect the state and the University of Wisconsin System Authority from losses which are catastrophic in nature and minimize total cost to the state and the authority of all activities related to the control of accidental loss.

SB21,381 Section 381. 16.865 (2) of the statutes is amended to read:

SB21,158,10 16.865 (2) Identify Except as provided in sub. (10), identify and evaluate exposure to loss to the state, its and the University of Wisconsin System Authority and their employees or injury to the public by reason of fire or other accidents and fortuitous events at state-owned and authority-owned properties or facilities.

SB21,382 Section 382. 16.865 (3) of the statutes is amended to read:

SB21,158,15 16.865 (3) Recommend Except as provided in sub. (10), recommend changes in procedures, program conditions or capital improvement for all agencies and the University of Wisconsin System Authority which would satisfactorily eliminate or reduce the existing exposure.

SB21,383 Section 383. 16.865 (4) of the statutes is amended to read:

SB21,158,22 16.865 (4) Manage the state employees' worker's compensation program and the statewide self-funded programs to protect the state from losses of and damage to state property and liability and, if retained by the department of workforce development office of the commissioner of insurance under s. 102.65 (3), process, investigate, and pay claims under ss. 102.44 (1), 102.49, 102.59, and 102.66 as provided in s. 102.65 (3).