16.75 (9) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and any authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).
SECTION 383. 16.752 (7) (a) 1. of the statutes is amended to read:
16.752 (7) (a) 1. A legible copy of the articles of incorporation of the organization showing the date of filing and with the seal of the secretary of state department of revenue.
SECTION 384. 16.752 (8) (e) of the statutes is amended to read:
16.752 (8) (e) Comply with applicable occupational health and safety standards prescribed by the U.S. secretary of labor, the federal occupational health and safety administration or the department of industry, labor and human relations development.
SECTION 385. 16.76 (1) of the statutes is amended to read:
16.76 (1) All contracts for materials, supplies, equipment or contractual services to be provided to any agency shall run to the state of Wisconsin. Such contracts shall be signed by the secretary or an individual authorized by the secretary, except that contracts entered into directly by the legislature, the courts or a legislative service or judicial branch agency shall be signed by an individual authorized under s. 16.74 (2) (b).
SECTION 386. 16.765 (1) of the statutes is amended to read:
16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation under ch. 232 shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe 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.
SECTION 387. 16.765 (2) (intro.) and (a) of the statutes are consolidated, renumbered 16.765 (2) and amended to read:
16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall include the following provision in every contract executed by them: (a) "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe 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 employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause."
SECTION 388. 16.765 (4) to (7) (intro.) of the statutes are amended to read:
16.765 (4) The contracting Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall take appropriate action to revise the standard government contract forms under this section.
(5) The head of each contracting agency and the board boards of directors of the University of Wisconsin Hospitals and Clinics Authority 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 board boards of directors of the University of Wisconsin Hospitals and Clinics Authority 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.
(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 or the Bradley center sports and entertainment corporation for processing in accordance with the department's procedures.
(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 or the Bradley center sports and entertainment corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation shall:
SECTION 389. 16.765 (7) (d) of the statutes is amended to read:
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 or the Bradley center sports and entertainment corporation.
SECTION 390. 16.78 (1) of the statutes is amended to read:
16.78 (1) Every agency other than the board of regents of the university of Wisconsin system or an agency making purchases under s. 16.74 shall purchase all computer services from the division of information technology services in the department of administration, unless the division grants written authorization to the agency to procure the services under s. 16.75 (1), to purchase the services from another agency or to provide the services to itself. The board of regents of the university of Wisconsin system may purchase computer services from the division of information technology services.
SECTION 391. 16.84 (3) (intro.) of the statutes is created to read:
16.84 (3) (intro.) Contract with the gaming commission for the performance of the gaming security functions specified in s. 561.02 (2), if so requested by the gaming commission. If the department contracts with the gaming commission for the performance of these functions, the department shall:
SECTION 392. 16.84 (5) of the statutes is amended to read:
16.84 (5) Have responsibility, subject to approval of the governor, for all functions relating to the leasing, acquisition, allocation and utilization of all real property by the state, except where such responsibility is otherwise provided by the statutes. In this connection, the department shall, with the governor's approval, require physical consolidation of office space utilized by any agency having fewer than 50 authorized full-time equivalent positions with office space utilized by another agency, whenever feasible. The department shall lease or acquire office space for legislative offices or legislative service agencies at the direction of the joint committee on legislative organization. In this subsection, "agency" has the meaning given in s. 16.70 (1) but does not include the legislature or a legislative service agency.
SECTION 393. 16.84 (14) of the statutes is created to read:
16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kd).
SECTION 394. 16.845 (1) of the statutes is amended to read:
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 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 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 are to payable to the state shall be paid into the general fund and to be 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 section subsection applies only to those buildings, facilities and grounds for which a procedure for obtaining a permit has been established by the managing authority.
SECTION 395. 16.847 (4) (a) of the statutes is repealed.
SECTION 396. 16.847 (4) (h) of the statutes is repealed.
SECTION 397. 16.847 (4) (hm) of the statutes is created to read:
16.847 (4) (hm) Section 20.505 (1) (ec).
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.
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.
SECTION 400. 16.85 (14) of the statutes is created to read:
16.85 (14) To review and approve the design, specifications and construction of any construction or improvement project of the University of Wisconsin Hospitals and Clinics Authority on state-owned land and to periodically review the progress of the construction or improvement project during construction to assure compliance with the approved design and specifications, except that 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).
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.
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.
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 and parks, 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.
****NOTE: This is reconciled s. 16.967 (6). This section has been affected by drafts with the following LRB #'s: 95-2178/1, 95-2243/2 and 95-2252/2.
SECTION 404. 16.97 (3m) of the statutes is created to read:
16.97 (3m) "Consortium" means an association of 2 or more school districts or 2 or more technical college districts, or of at least one school district and at least one technical college district for the purpose of planning for, acquiring and operating a distance education network.
SECTION 405. 16.97 (4m) of the statutes is created to read:
16.97 (4m) "Distance education" means the use of 2-way interactive telecommunications technology designed to provide access to education regardless of the location of a teacher or student.
SECTION 406. 16.97 (5) of the statutes is repealed.
SECTION 407. 16.971 (title) of the statutes is amended to read:
16.971 (title) Responsibilities of department division of technology management.
SECTION 408. 16.971 (1) of the statutes is renumbered 16.971 (1m) and amended to read:
16.971 (1m) The department division 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 division shall also ensure that agencies make effective and efficient use of the computing information technology resources of the state. The department division shall establish policies, procedures and planning processes, for the administration of data processing information technology services, which the agencies shall follow. The department division shall monitor adherence to these policies, procedures and processes.
****NOTE: This is reconciled s. 16.971 (1). This SECTION has been affected by drafts with the following LRB#'s: LRB-1101/10 and 2430/4.
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) "Judicial branch agency" has the meaning given in s. 16.70 (5).
SECTION 410. 16.971 (2) (intro.) of the statutes is amended to read:
16.971 (2) (intro.) The department division shall:
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 department is not required.
****NOTE: This is reconciled s. 16.971 (2) (a). This SECTION has been affected conceptually by drafts with the following LRB numbers: 2104/3 and 2430/12.
SECTION 412. 16.971 (2) (ap) of the statutes is created to read:
16.971 (2) (ap) Prescribe a forms management program for agencies.
SECTION 413. 16.971 (2) (e) of the statutes is amended to read:
16.971 (2) (e) Collect, analyze and interpret, in cooperation with the state agencies, that data necessary to assist the computer resource planning needs of the governor and legislature.
SECTION 414. 16.971 (2) (i) of the statutes is amended to read:
16.971 (2) (i) Ensure that a level of computing service is computer services are provided to all state agencies that is are equitable in regard to resource availability, cost and performance.
SECTION 415. 16.971 (2) (L) of the statutes is created to read:
16.971 (2) (L) Require each agency to adopt, revise as necessary and submit for its approval a strategic plan for the utilization of information technology to carry out the functions of the agency in the most efficient and effective manner. As a part of each plan, the division shall require each agency to identify all resources relating to information technology which the agency desires to acquire, contingent upon funding availability, the priority for such acquisitions and the justification for such acquisitions.
****NOTE: This is reconciled s. 16.971 (2) (L). This section has been affected by drafts with the following LRB #'s: LRB-1123/2, LRB-1124/3 and LRB-2430/4.
SECTION 416. 16.971 (2) (m) of the statutes is amended to read:
16.971 (2) (m) Assist in coordination and integration of the plans of agencies relating to information technology approved under par. (L) to formulate a consistent statewide strategic plan for the use and application of information technology.
****NOTE: This is reconciled s. 16.971 (2) (m). This section has been affected by drafts with the following LRB #'s: LRB-1123/2 and LRB-1124/3.
SECTION 417. 16.971 (3) of the statutes is amended to read:
16.971 (3) (a) The secretary shall notify the joint committee on finance in writing of the proposed acquisition of any computing resource that the department division considers major or that is likely to result in a substantive change of service, and that was not considered in the regular budgeting process and is to be financed from general purpose revenues or corresponding revenues in a segregated fund. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition within 14 working days after the date of the secretary's notification, the department division may approve acquisition of the resource. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition, the department division shall not approve acquisition of the resource unless the acquisition is approved by the committee.
(b) The secretary shall promptly notify the joint committee on finance in writing of the proposed acquisition of any computing resource that the department division considers major or that is likely to result in a substantive change in service, and that was not considered in the regular budgeting process and is to be financed from program revenues or corresponding revenues from program receipts in a segregated fund.
SECTION 418. 16.971 (4) (a) of the statutes is amended to read:
16.971 (4) (a) The department division may license or authorize state agencies to license computer programs to the federal government, other states, and municipalities.
SECTION 419. 16.971 (5) of the statutes is created to read:
16.971 (5) (a) From the appropriation under s. 20.870 (1) (q), the department may distribute grants to agencies to be used for information technology development projects.
(b) The department may transfer moneys from the appropriation account for any appropriation other than a sum sufficient appropriation that is authorized by law to be used for administration of any program to the appropriation account under s. 20.870 (1) (r), to be utilized for any information technology development project that is consistent with the purpose of the appropriation from which the moneys are transferred and with this section in an amount not greater than the estimated total savings to the state, as determined by the secretary, that will accrue as a result of implementation of the project. An amount may be transferred under this paragraph in whole at such time or in part at such times as the secretary may determine. Whenever the department transfers moneys under this paragraph, the secretary shall file a report with the cochairpersons of the joint committee on finance specifying the appropriation account from which the transfer is made, the total amount of moneys being transferred and the purpose of the project for which the moneys are being transferred.
(c) The department shall transfer moneys from any appropriation account to the appropriation account under s. 20.870 (1) (r) whenever such action is required by law or authorized by the joint committee on finance under s. 13.101 (4).
(d) The department may accept gifts, grants or bequests made to the state for information technology development purposes without approval by the joint committee on finance. From the appropriation under s. 20.870 (1) (s), the department may distribute moneys received from such gifts, grants or bequests to agencies to be utilized for any information technology development project that is consistent with the purpose for which the moneys were received.
(e) No moneys may be authorized for use by the department under this subsection unless the department determines that such use will permit the effective utilization of information technology by agencies and will be consistent with the department's responsibilities to ensure adequate information technology resources for agencies under sub. (1m) and to implement a statewide strategic plan for information technology purposes under sub. (2) (m). The department shall accord priority to utilization of moneys under this subsection for projects that will effect cost savings, avoid future cost increases or enable improved provision of state services.
(f) No later than September 30 annually, each agency which conducted an information technology development project during the preceding fiscal year, whether individually or in cooperation with another agency, that was funded in whole or in part from the appropriation under s. 20.870 (1) (q), (r) or (s) shall file a report, in a form prescribed by the secretary, with the secretary and the cochairpersons of the joint committee on information policy. The report shall describe the purpose of each project and the status of the project as of the end of the preceding fiscal year. No later than 13 months following the completion of such a project, each such agency shall file a report, on a form prescribed by the secretary, with the secretary and the cochairpersons of the joint committee on information policy. The report shall describe the purpose of the project and the effect of the project on agency business operations as of the end of the 12-month period following completion of the project.
****NOTE: This is reconciled s. 16.971 (5) (e). This SECTION has been affected by drafts with the following LRB numbers: LRB-1101/12 and LRB-2430/5.
SECTION 420. 16.971 (6) of the statutes is amended to read:
16.971 (6) Notwithstanding subs. (1) (1m) and (2), the revisor of statutes shall approve the specifications for preparation and schedule for delivery of computer data bases containing the Wisconsin statutes.
SECTION 421. 16.971 (7) of the statutes is created to read:
16.971 (7) From the appropriation under s. 20.870 (1) (t), the department may make a grant to any school district, technical college district or consortium for the purpose of subsidizing that portion of the interest costs on a state trust fund loan generated by the first 2 points of the annual interest rate applicable to that loan to be utilized for a distance education project. Any school district, technical college district or consortium may apply to the department for such a grant. No grant may be made under this subsection to subsidize the payment of interest on a loan made for a term of more than 5 years. The department shall not approve any grant under this subsection to subsidize the payment of interest on a loan that has been approved by the board of commissioners of public lands prior to the date of the department's action. The department shall provide written notice to the board of commissioners of public lands of the approval of any grant under this subsection. Upon receipt of a statement from the board of commissioners of public lands, the department shall make the appropriate payment to the board under s. 24.695 and shall provide written notification to each school district or technical college district that participates in the loan of the date and amount of the payment.
SECTION 422. 16.971 (8) of the statutes is created to read:
16.971 (8) (a) In this subsection, "program revenues-service" has the meaning given in s. 20.001 (2) (c).
