1995 Wisconsin Act 27

2. At least 2 persons who are project managers, architects, users of the building or members of the building commission.

(4) Contracts with artists. (a) After review of the recommendations of the advisory committee convened under sub. (3), the department shall make the final selection of the artist and the work of art to be incorporated into the project. The department shall ensure that the aggregate of works of art selected under this section represent a wide variety of art forms executed by the broadest feasible diversity of artists, except that the department shall give preference to artists who are residents of this state.

(b) 1. The department shall enter into one or more contracts to procure the work of art selected for the project. Except as provided in subd. 2., the contracts shall provide for sole ownership of the works of art acquired under this section in the state of Wisconsin.

2. If the work of art to be acquired is an existing work of art and is no longer subject to the control of the artist originating the work of art, the contract shall provide sole ownership in the state of Wisconsin, subject to the existing obligations, if any, of the owner to the originating artist. If the work of art selected is a work of art which is owned by the artist originating the work of art or if the work of art has not been executed on the date of the contract, the contract shall provide for sole ownership in the state of Wisconsin, subject to the following rights retained by the artist unless limited by written agreement between the department and the artist:

a. The right to claim authorship of the work of art.

b. The right to reproduce the work of art, including all rights secured to the artist under federal copyrights laws.

(5) Department responsibilities. After acquisition of the work of art under sub. (4), the department shall:

(a) Ensure proper execution of the work of art, if the work of art is a new work of art.

(b) Ensure that the work of art acquired under this section is properly installed within the public view.

(c) Consult with the artist or the artist's representative to ensure that each work of art acquired under this section is properly maintained and is not artistically altered without the consent of the artist or the artist's representative.

(d) Ensure that any work of art acquired under this section is maintained and displayed on the grounds of the state building for at least 25 years, unless the department finds that earlier removal is in the public interest. When the department, in consultation with the agency making principal use of the building to which the work of art is appurtenant, determines that the work of art should be removed, the department shall loan the work of art to an accredited museum in the state or to an educational or other appropriate public institution capable of maintaining and exhibiting the work of art.

(6) Applicability. (a) This section does not apply to any of the following:

1. Any contract for the construction, reconstruction, renovation or remodeling of or addition to any state building if the total construction cost of the project is $250,000 or less.

2. Sheds, warehouses, highways or streets, or other buildings or spaces which are not open for entry by the general public in the normal use of the building or space.

3. Game farms, fish hatcheries, nurseries and other production facilities operated by the department of natural resources.

(b) This section does not apply if the joint committee on finance has approved the funding report of the arts board under 1995 Wisconsin Act .... (this act), section 9105 (3g) (a).

27,396 Section 396 . 16.847 (4) (h) of the statutes is repealed.

27,397m Section 397m. 16.848 of the statutes is created to read:

16.848 Energy savings performance contracting. (1) Definitions. In this section:

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

(b) “Energy conservation measure" means a facility alteration or training, service or operations program designed to reduce energy consumption or operating costs or ensure state or local building code compliance.

(c) “Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more such measures.

(d) “Qualified provider" means a person who is experienced in the design, implementation and installation of energy conservation and facility improvement measures and who has the ability to provide labor and material payment and performance bonds equal to the maximum amount of any payments due under a performance contract entered into by the person.

(2) Authorization; report. (a) Any agency may, in accordance with this section, enter into a performance contract under subch. IV with a qualified provider to reduce energy or operating costs, ensure state or local building code compliance or enhance the protection of property of the agency.

(b) Prior to entering into a performance contract for the implementation of any energy conservation or facility improvement measure, an agency shall obtain a report from a qualified provider containing recommendations concerning the amount the agency should spend on energy conservation and facility improvement measures The report shall contain estimates of all costs of installation, modifications, or remodeling, including costs of design, engineering, maintenance, repairs and financing. In addition, the report shall contain a guarantee specifying a minimum amount by which energy or operating costs of the agency will be reduced, if the installation, modification or remodeling is performed by that qualified provider.

(c) If, after review of the report under par. (b), the agency finds that the amount it would spend on the energy conservation and facility improvement measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over the remaining useful life of the facility to which the measures apply, the agency may enter into the contract.

(d) Any performance contract for construction work is subject to approval under subch. V and ss. 13.48 (10) and 20.924 (1).

(3) Notice. Before entering into a performance contract under this section, an agency shall publish a class 1 notice of its intent to award the performance contract, the names of the parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract.

(4) Instalment payment and lease-purchase agreements. An agency may enter into an instalment payment contract or lease-purchase agreement for the purchase and installation of energy conservation or facility improvement measures.

(5) Payment schedule; savings. Each performance contract shall provide that all payments, except obligations on termination of the contract before its expiration, shall be made over time as energy savings are achieved. Energy savings shall be guaranteed by the qualified provider for the entire term of the performance contract.

(6) Terms of contracts. A performance contract may extend beyond the fiscal year in which it becomes effective, subject to appropriation of moneys, if required by law, for costs incurred in future fiscal years.

(7) Allocation of obligations. Subject to appropriations as provided in sub. (6), each agency shall allocate sufficient moneys from its appropriations for each fiscal year to make payment of any amounts payable by the agency under performance contracts during that fiscal year.

(8) Bonds. Each qualified provider under a performance contract shall provide labor and material payment and performance bonds in an amount equivalent to the maximum amount of any payments due under the contract.

(9) Use of moneys. Unless otherwise provided by law, if an agency receives appropriations designated for operating and capital expenditures, the agency may use moneys designated for operating or capital expenditures to make payments under any performance contract, including instalment payments or payments under lease-purchase agreements.

(10) Monitoring; reports. During the entire term of each performance contract, the qualified provider entering into the contract shall monitor the reductions in energy consumption and cost savings attributable to the energy conservation and facility improvement measures installed under the contract, and shall periodically prepare and provide a report to the agency entering into the contract documenting the reductions in energy consumption and cost savings to the agency.

(11) Energy conservation measures. Energy conservation measures under this section may include the following:

(a) Insulation of a building structure or systems within a building.

(b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.

(c) Automated or computerized energy control and facility management systems or computerized maintenance management systems.

(d) Heating, ventilating or air conditioning system modifications or replacements.

(e) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made.

(f) Energy recovery systems.

(g) Utility management systems and services.

(h) Cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use primarily within a building or complex of buildings.

(i) Lifesafety systems.

(j) Any other facility improvement measure that is designed to provide long-term energy or operating cost reductions or compliance with state or local building codes.

27,398 Section 398 . 16.85 (1) of the statutes is amended to read:

16.85 (1) To take charge of and supervise all engineering or architectural services or construction work as defined in s. 16.87 performed by, or for, the state, or any department, board, institution, commission or officer thereof, 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. 13.488, 36.09 and 36.11, except the engineering, architectural and construction work of the department of transportation, the engineering service performed by the department of industry, labor and human relations development, department of revenue, public service commission, department of health and social services and other departments, boards and commissions when the service is not related to the maintenance, construction and planning of the physical properties of the state, and energy efficiency projects of the energy efficiency program under s. 16.847. The department shall not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a day care center primarily for use by children of state employes.

27,399 Section 399 . 16.85 (2) of the statutes is amended to read:

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 ch. 231, 233 or 234.

27,400 Section 400 . 16.85 (14) of the statutes is created to read:

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 of the University of Wisconsin System under s. 233.04 (7) (d).

27,400m Section 400m. 16.851 of the statutes is created to read:

16.851 Plans for state buildings, structures or facilities. Except as the department otherwise provides by rule, records of the department containing plans or specifications for any state-owned or state-leased building, structure or facility, or any proposed state-owned or state-leased building, structure or facility, are not subject to the right of public inspection or copying under s. 19.35 (1). If the department transfers any records containing any such plans or specifications to any other authority as defined in s. 19.32 (1), the department shall require the authority to agree in writing not to make the record available for public inspection or copying except as the department otherwise permits by rule.

27,400p Section 400p. 16.855 (14) (a) of the statutes is amended to read:

16.855 (14) (a) On all construction projects requiring the taking of bids under sub. (2) If the estimated construction cost of a project exceeds $100,000, the department shall take both single bids and separate bids on any division of the work that it designates. Contracts shall be awarded If the estimated construction cost of a project does not exceed $100,000 and bids are required to be solicited under sub. (2), the department may take single bids or separate bids on any division of the work that it designates. If the department awards contracts by the division of work, the department shall award the contracts according to the division of work selected for bidding and, except. Except as provided in sub. (10m) (a), the department shall award all contracts to the lowest qualified responsible bidder or bidders that result in the lowest total construction cost for the project.

27,400r Section 400r. 16.855 (22) of the statutes is created to read:

16.855 (22) (a) The department shall by rule prescribe a contract administration fee to be paid for each state fiscal year by persons who contract with the department to provide engineering or architectural services or to perform construction work, as defined in s. 16.87 (1). Different contract administration fees may be assessed on the basis of different total dollar volumes of sales by contractors within the fiscal year in which the fee is assessed or the preceding fiscal year.

(b) Except as authorized in par. (c), no person may contract with any agency, as defined in s. 16.70 (1), to provide engineering or architectural services or other services specified in s. 84.01 (13) or to perform construction work, as defined in s. 16.87 (1), including any highway improvement, having an aggregate cost to the state exceeding $500 within any fiscal year unless that person has paid to the department the fee prescribed under par. (a) for the fiscal year in which the services are provided or the work is performed. If different fees are assessed under par. (a) for different total dollar volumes of sales, no person may provide any such services or work exceeding the dollar volume applicable to the fee which the person has paid under par. (a) for the fiscal year in which the services are provided or work is performed.

(c) The department shall promulgate rules providing for:

1. Administration and collection of the fee prescribed under par. (a).

2. Exemption of any class of contractors from payment of the fee prescribed under par. (a) if exemption of that class of contractors is in the best interest of the state.

(d) The department shall deposit all revenues received from fees assessed under this subsection in the information technology investment fund.

27,401 Section 401 . 16.865 (8) of the statutes is amended to read:

16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs and the cost of insurance contracts under sub. (5). 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 ch. 231, 232, 233, 234 or 235.

27,402 Section 402 . 16.955 (1) of the statutes is amended to read:

16.955 (1) Information. If the governor determines that a disruption of energy supplies poses a serious risk to the economic well-being, health or welfare of the citizens of this state, the governor may issue an order declaring an energy alert. Upon declaration of an energy alert by the governor, the department may issue general or special orders, as defined in s. 101.01 (1) (e) (7), or promulgate emergency rules under ch. 227 to compel disclosure of information required for purposes of this section. Any person, or agent of the person, who produces, imports or sells, coal or other forms of fuel, other than electricity, natural gas or wood, who is subject to an emergency rule or general or special order of the department within reasonable time limits specified in the order shall file or furnish such reports, information, data, copies of extracts of originals as the department deems necessary relating to existing and future energy supplies, including but not limited to record of sales in years for 1970 and thereafter, storage capacity, supplies on hand and anticipated supplies, and anticipated demand. To the extent that the reports and data requested by the department are presently available from other state or federal agencies, the department shall coordinate its data reporting requirements with the agencies to avoid duplication of reporting.

27,403 Section 403 . 16.967 (6) of the statutes is amended to read:

16.967 (6) Reports. By March 31, 1990, and biennially thereafter, the departments department of administration, the department of agriculture, trade and consumer protection, the department of development, the department of health and social services, industry, labor and human relations, the department of natural resources, the department of tourism, the department of revenue and, the department of transportation, and the board of regents of the university of Wisconsin system, the public service commission and the board of curators of the historical society shall each submit to the board a plan to integrate land information to enable such information to be readily translatable, retrievable and geographically referenced for use by any state, local governmental unit or public utility.

27,406 Section 406 . 16.97 (5) of the statutes is repealed.

27,406e Section 406e. 16.97 (5m) of the statutes is created to read:

16.97 (5m) “Executive branch agency" has the meaning given in s. 16.70 (4).

27,408 Section 408 . 16.971 (1) of the statutes is renumbered 16.971 (1m) and amended to read:

16.971 (1m) The department shall ensure that an adequate level of data processing information technology services is made available to all agencies by providing systems analysis and application programming services to augment agency resources, as requested. The department shall also ensure that executive branch agencies make effective and efficient use of the computing information technology resources of the state. The department shall, in cooperation with agencies, establish policies, procedures and planning processes, for the administration of data processing information technology services, which the executive branch agencies shall follow. The policies, procedures and processes shall address the needs of agencies to carry out their functions. The department shall monitor adherence to these policies, procedures and processes.

27,409 Section 409 . 16.971 (1) of the statutes is created to read:

16.971 (1) In this section:

(a) “Division" means the division of technology management of the department.

(b) “Small agency" means an agency having fewer than 50 authorized full-time equivalent positions.

27,410 Section 410 . 16.971 (2) (intro.) of the statutes is amended to read:

16.971 (2) (intro.) The department division shall:

27,411 Section 411 . 16.971 (2) (a) of the statutes is created to read:

16.971 (2) (a) Except as provided in sub. (2m), review and approve, modify or reject all forms approved by a records and forms officer for jurisdiction, authority, standardization of design and nonduplication of existing forms. Unless the division rejects for cause or modifies the form within 20 working days after receipt, it is considered approved. The division's rejection of any form is appealable to the public records board. If the head of an agency certifies to the division that the form is needed on a temporary basis, approval by the division is not required.

27,412 Section 412 . 16.971 (2) (ap) of the statutes is created to read:

16.971 (2) (ap) Prescribe a forms management program for agencies.

27,412g Section 412g. 16.971 (2) (b) of the statutes is amended to read:

16.971 (2) (b) Develop and maintain computing information technology resource planning and budgeting techniques at all levels of state government.

27,412r Section 412r. 16.971 (2) (c) of the statutes is amended to read:

16.971 (2) (c) Develop and maintain techniques procedures to ensure interagency computer information technology resource planning and sharing between executive branch agencies. The procedures shall ensure the interconnection of information technology resources of executive branch agencies, if interconnection is consistent with the strategic plans formulated under pars. (L) and (m).

27,413 Section 413 . 16.971 (2) (e) of the statutes is amended to read: