AB100-ASA1,49,3
116.351
(1) Grants. From moneys available under s. 20.505 (7) (h), the
2department shall make grants to organizations
, including organizations operated for
3profit, that provide shelter or services to homeless individuals or families.
AB100-ASA1,49,55
16.352
(1) (b) 7. An organization operated for profit.
AB100-ASA1,49,117
16.358
(3) Notwithstanding sub. (2), the department shall promulgate rules
8that specify that an applicant for funds under a program under this section shall be
9eligible to receive funds under the program in the year following the year for which
10the applicant submits an application, without having to submit another application
11for that following year, if all of the following apply:
AB100-ASA1,49,1212
(a) The applicant is an eligible applicant under the terms of the program.
AB100-ASA1,49,1413
(b) The applicant did not receive funds under the program in the year for which
14the application was submitted.
AB100-ASA1,49,2016
16.405
(1) At any time the department determines that a deficiency will occur
17in the funds of the state which will not permit the state to meet its operating
18obligations in a timely manner, it may prepare a request for the issuance of operating
19notes under subch. III of ch. 18 and, subject to
sub.
subs. (2)
and (3), may submit the
20request to the building commission.
AB100-ASA1,49,2422
16.405
(2) The department may not submit a request to the building
23commission under sub. (1) unless the request is signed by the secretary and the
24governor
, and approved by the joint committee on finance.
AB100-ASA1,50,11
116.405
(3) If the department proposes to submit a request to the building
2commission under sub. (1), the secretary shall notify the joint committee on finance
3in writing of the proposed action. If the cochairpersons of the committee do not notify
4the secretary that the committee has scheduled a meeting for the purpose of
5reviewing the proposed submission within 14 working days after the date of the
6secretary's notification, the department may submit the request to the building
7commission as proposed. If, within 14 working days after the date of the secretary's
8notification, the cochairpersons of the committee notify the secretary that the
9committee has scheduled a meeting for the purpose of reviewing the proposed
10submission, the department may submit the request to the building commission only
11upon approval of the committee.
AB100-ASA1,50,13
1316.417 (title)
Limitation on
dual Dual employment or retention.
AB100-ASA1, s. 105h
14Section 105h. 16.417 (1) (a) of the statutes is repealed and recreated to read:
AB100-ASA1,50,1915
16.417
(1) (a) "Agency" means an office, department, independent agency,
16institution of higher education, association, society or other body in state
17government created or authorized to be created by the constitution or any law, which
18is entitled to expend moneys appropriated by law, including the legislature and the
19courts, but not including an authority.
AB100-ASA1,50,2221
16.417
(1) (b) "Authority" means a body created under ch. 231, 232
or, 233, 234
22or 235.
AB100-ASA1,50,2424
16.417
(1) (c) "Elective state official" has the meaning given in s. 13.62 (6).
AB100-ASA1, s. 105k
1Section 105k. 16.417 (2) of the statutes is renumbered 16.417 (2) (a) and
2amended to read:
AB100-ASA1,51,83
16.417
(2) (a) No individual
other than an elective state official who is employed
4or retained in a full-time position or capacity with an agency or authority may hold
5any other position or be retained in any other capacity with an agency or authority
6from which the individual receives, directly or indirectly, more than $12,000 from the
7agency or authority as compensation for the individual's services during the same
8year.
AB100-ASA1,51,10
9(c) No agency or authority may employ any individual or enter into any contract
10in violation of this subsection.
AB100-ASA1,51,14
11(d) The department shall annually check to assure that no individual violates
12this subsection. The department shall order any individual whom it finds to be in
13violation of this subsection to forfeit that portion of the economic gain that the
14individual realized in violation of this subsection.
AB100-ASA1,51,17
15(e) The attorney general, when requested by the department, shall institute
16proceedings to recover any forfeiture incurred under this subsection which is not
17paid by the individual against whom it is assessed.
AB100-ASA1,51,20
18(f) This subsection does not apply to an individual
other than an elective state
19official who has a full-time appointment for less than 12 months, during any period
20of time that is not included in the appointment.
AB100-ASA1,52,222
16.417
(2) (b) No elective state official may hold any other position or be
23retained in any other capacity with an agency or authority, except an unsalaried
24position or unpaid service with an agency or authority that is compatible with the
1official's duties, the emoluments of which are limited to reimbursement for actual
2and necessary expenses incurred in the performance of duties.
AB100-ASA1,52,114
16.505
(2m) The board of regents of the university of Wisconsin system may
5create or abolish a full-time equivalent position or portion thereof from revenues
6appropriated under s. 20.285 (1) (h), (iz), (j), (m)
or
, (n)
or (u) or (3) (iz) or (n). No later
7than the last day of the month following completion of each calendar quarter, the
8board of regents shall report to the department and the cochairpersons of the joint
9committee on finance concerning the number of full-time equivalent positions
10created or abolished by the board under this subsection during the preceding
11calendar quarter and the source of funding for each such position.
AB100-ASA1, s. 82
12Section
82. 16.52 (10) (title) of the statutes is amended to read:
AB100-ASA1,52,1313
16.52
(10) (title)
Department of education public instruction.
AB100-ASA1,52,1515
16.70
(3m) "Educational technology" has the meaning given in s. 44.70 (3).
AB100-ASA1,53,217
16.71
(1) Except as
otherwise required under this section or as authorized in
18s. 16.74, the department shall purchase and may delegate to special designated
19agents the authority to purchase all necessary materials, supplies, equipment, all
20other permanent personal property and miscellaneous capital, and contractual
21services and all other expense of a consumable nature for all agencies. In making
22any delegation, the department shall require the agent to adhere to all requirements
23imposed upon the department in making purchases under this subchapter. All
24materials, services and other things and expense furnished to any agency and
1interest paid under s. 16.528 shall be charged to the proper appropriation of the
2agency to which furnished.
AB100-ASA1,53,74
16.71
(4) The department shall delegate authority to the technology for
5educational achievement in Wisconsin board to make purchases of educational
6technology equipment for use by school districts, cooperative educational service
7agencies and public educational institutions in this state, upon request of the board.
AB100-ASA1,53,169
16.72
(4) (b) The department shall promulgate rules for the declaration as
10surplus of supplies, materials and equipment in any agency and for the transfer to
11other agencies or for the disposal by private or public sale of supplies, materials and
12equipment. In either case due credit shall be given to the agency releasing the same
,
13except that the department shall transfer any supplies, materials or equipment
14declared to be surplus to the department of tourism, upon request of the department
15of tourism, at no cost, if the transfer is permitted by the agency having possession
16of the supplies, materials or equipment.
AB100-ASA1,53,2419
16.72
(8) The division of information technology services of the department
20may purchase educational technology materials, supplies, equipment or contractual
21services from orders placed with the department by the technology for educational
22achievement in Wisconsin board on behalf of school districts, cooperative educational
23service agencies, technical college districts and the board of regents of the University
24of Wisconsin System.
AB100-ASA1,54,8
116.76
(4) (b) The department may enter into a master lease whenever the
2department determines that it is advantageous to the state to do so
, except that the
3department shall not require the board of regents of the University of Wisconsin
4System to acquire moveable equipment for the University of Wisconsin-Center
5System under a master lease. If the master lease provides for payments to be made
6by the state from moneys that have not been appropriated at the time that the master
7lease is entered into, the master lease shall contain the statement required under s.
816.75 (3).
AB100-ASA1,54,10
1016.79 (title)
Duties of department of administration State publications.
AB100-ASA1,54,1612
16.79
(3) The department shall promulgate rules for securing sponsorship of
13state publications which shall be applicable to all agencies, as defined in s. 16.70 (1),
14that are authorized by law to secure sponsorship for agency publications. The rules
15shall be consistent with any requirements imposed by law that are applicable to
16particular agencies or publications.
AB100-ASA1,54,24
1816.80 Purchases of computers by teachers. The department shall
19negotiate with private vendors to facilitate the purchase of computers and other
20educational technology, as defined in s.
16.992 (1) (c) 24.60 (1r), by public and private
21elementary and secondary school teachers for their private use. The department
22shall attempt to make available types of computers and other educational technology
23under this section that will encourage and assist teachers in becoming
24knowledgeable about the technology and its uses and potential uses in education.
AB100-ASA1,55,72
16.85
(15) Provide or contract for the provision of professional engineering,
3architectural, project management and other building construction services on
4behalf of school districts for the installation or maintenance of electrical and
5computer network wiring. The department shall assess fees for services provided
6under this subsection and shall credit all revenues received to the appropriation
7account under s. 20.505 (1) (im).
AB100-ASA1,55,199
16.855
(1) The department shall let by contract to the lowest qualified
10responsible bidder all construction work when the estimated construction cost of the
11project exceeds $30,000, except
for construction work authorized under s. 16.858 and
12except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm
13and the department determines that the state, foreign nation or subdivision thereof
14in which the bidder is domiciled grants a preference to bidders domiciled in that
15state, nation or subdivision in making governmental purchases, the department
16shall give a preference over that bidder to Wisconsin firms, if any, when awarding the
17contract, in the absence of compelling reasons to the contrary. The department may
18enter into agreements with states, foreign nations and subdivisions thereof for the
19purpose of implementing this subsection.
AB100-ASA1, s. 89
20Section
89. 16.855 (2) (intro.) of the statutes is amended to read:
AB100-ASA1,55,2321
16.855
(2) (intro.)
Whenever Except for projects authorized under s. 16.858,
22whenever the estimated construction cost of a project exceeds $30,000, or if less and
23in the best interest of the state, the department shall:
AB100-ASA1,56,4
116.855
(13) (a) A list of subcontractors shall not be required to be submitted
2with the bid. The department may require the
successful bidder prime contractor 3to submit in writing the names of prospective subcontractors for the department's
4approval before the award of a contract to the prime contractor.
AB100-ASA1,56,166
16.855
(14) (a) If the estimated construction cost of a project exceeds $100,000
7and bids are required to be solicited under sub. (2), the department shall take both
8single bids and separate bids on any division of the work that it designates. If the
9estimated construction cost of a project does not exceed $100,000 and bids are
10required to be solicited under sub. (2), the department may take single bids or
11separate bids on any division of the work that it designates. If the department
12awards contracts by the division of work, the department shall award the contracts
13according to the division of work selected for bidding. Except as provided in sub.
14(10m) (a), the department shall award all contracts to the lowest qualified
15responsible bidder or bidders that result in the lowest total construction cost for the
16project.
AB100-ASA1,57,818
16.855
(19) As the work progresses under any contract for construction the
19department, from time to time, shall grant to the contractor an estimate of the
20amount and proportionate value of the work done, which shall entitle the contractor
21to receive the amount thereof, less the retainage, from the proper fund. On all
22construction projects, the retainage shall be an amount equal to 10% of said estimate
23until 50% of the work has been completed. At 50% completion, no additional amounts
24shall be retained, and partial payments shall be made in full to the contractor unless
25the architect or engineer certifies that the job is not proceeding satisfactorily. At 50%
1completion or any time thereafter when the progress of the work is not satisfactory,
2additional amounts may be retained but in no event shall the total retainage be more
3than 10% of the value of the work completed. Upon substantial completion of the
4work, an amount retained may be paid to the contractor. For the purposes of this
5section, estimates may include any fabricated or manufactured materials and
6components specified, previously paid for by contractor and delivered to the work or
7properly stored and suitable for incorporation in the work embraced in the contract.
8This subsection does not apply to contracts awarded under s. 16.858.
AB100-ASA1,57,1810
16.855
(22) The provisions of this section, except sub. (10m), do not apply to
11construction work for any project the estimated construction cost of which does not
12exceed $100,000 if the project is constructed in accordance with policies and
13procedures prescribed by the building commission under s. 13.48 (29). If the
14estimated construction cost of any project is at least $30,000, and the building
15commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct
16the project, the department shall provide adequate public notice of the project and
17the procedures to be utilized to construct the project on a publicly accessible
18computer site.
AB100-ASA1,57,2220
16.855
(23) (a) In this subsection, "digital signature" means an electronic
21identifier that is used in a computer communication and that is intended by the party
22using it to have the same force and effect as a manual signature.
AB100-ASA1,58,223
(b) In connection with any bid or proposal submitted or contract entered into
24under this section, the department may accept a digital signature. If the department
25accepts a digital signature, a person submitting a bid or proposal or entering into a
1contract with the department may use a digital signature if the digital signature
2meets all of the following requirements:
AB100-ASA1,58,33
1. The digital signature is unique to the person using it.
AB100-ASA1,58,44
2. The digital signature is under the sole control of the person using it.
AB100-ASA1,58,65
3. The digital signature is linked to data in such a manner that if any of the data
6is changed, the digital signature becomes invalid.
AB100-ASA1,58,87
4. The digital signature is capable of verification under the procedures
8promulgated as rules under par. (d).
AB100-ASA1,58,99
5. The digital signature conforms to any other rules promulgated under par. (d).
AB100-ASA1,58,1210
(c) A digital signature that meets all of the requirements specified in par. (b)
111. to 5. has the same force and effect as a manual signature and is effective, valid and
12enforceable against the signer.
AB100-ASA1,58,1413
(d) The department shall promulgate rules to govern the use of digital
14signatures under this subsection and to establish procedures for their verification.
AB100-ASA1,59,4
1616.858 Energy conservation audits and construction projects. (1) The
17department may contract with a qualified contractor for an energy conservation
18audit to be performed at any state-owned building, structure or facility. Under the
19contract, the contractor shall prepare a report containing a description of the
20physical modifications to be performed to the building, structure or facility that are
21required to effect specific future energy savings within a specified period and a
22determination of the minimum savings in energy usage that will be realized by the
23state from making these modifications within that period. After review of the audit
24report and subject to approval under s. 13.48 (10), where required, the department
25may contract with the contractor for construction work to be performed at the
1building, structure or facility for the purpose of realizing potential savings of future
2energy costs identified in the audit if, in the judgment of the department, the
3anticipated savings to the state after completion of the work will enable recovery of
4the costs of the work within a reasonable period of time.
AB100-ASA1,59,20
5(2) Any contract under sub. (1) shall require the contractor to undertake the
6construction work at its own expense. The contract shall provide for the state to pay
7a maximum stated amount, which shall include any financing costs incurred by the
8contractor. The maximum stated amount may not exceed the minimum savings
9determined under the audit to be realized by the state within the period specified in
10the audit. The state shall make payments under the contract as the savings
11identified in the audit are realized by the state, in the amounts actually realized, but
12not to exceed the lesser of the maximum stated amount or the actual amount of the
13savings realized by the state within the period specified in the audit. The
14department shall charge the cost of the payments to the applicable appropriation for
15fuel and utility costs at the building, structure or facility where the work is performed
16in the amounts equivalent to the savings that accrue to the state under that
17appropriation from expenditures not made as a result of the construction work, as
18determined by the department in accordance with the contract. The department may
19also charge its costs for negotiation and administration of the contract to the same
20appropriation.
AB100-ASA1,59,22
21(3) Any contract under sub. (1) shall include a provision stating in substance
22that payments under the contract are contingent upon available appropriations.
AB100-ASA1,60,7
23(4) No later than January 1 of each year, the secretary shall report to the
24cochairpersons of the joint committee on finance identifying any construction work
25for which the department has contracted under this section for which the state has
1not made its final payment as of the date of the preceding report, together with the
2actual energy cost savings realized by the state as a result of the contract to date, or
3the estimated energy cost savings to be realized by the state if the total savings to
4be realized in the audit under sub. (1) have not yet been realized, and the date on
5which the state made its final payment under the contract or, if the final payment
6has not been made, the latest date on which the state is obligated to make its final
7payment under the contract.
AB100-ASA1, s. 133am
8Section 133am. 16.966 (title), (1) and (2) of the statutes are created to read:
AB100-ASA1,60,10
916.966 (title)
Land information support. (1) In this section, "state agency"
10has the meaning given for "agency" under s. 16.045 (1) (a).
AB100-ASA1,60,16
11(2) The department may assess any state agency for any amount that it
12determines to be required for the functions of the Wisconsin land council under s.
1316.023. For this purpose, the department may assess state agencies on a premium
14basis and pay costs incurred on an actual basis. The department shall credit all
15moneys received from state agencies under this subsection to the appropriation
16account under s. 20.505 (1) (ks).
AB100-ASA1, s. 133b
17Section 133b. 16.966 (1) and (2) of the statutes, as created by 1997 Wisconsin
18Act .... (this act), are repealed.
AB100-ASA1,61,820
16.966
(3) The department may develop and maintain geographic information
21systems relating to land in this state for the use of governmental and
22nongovernmental units, if any legislation required to fund this activity is first
23enacted and if the department first submits to the cochairpersons of the joint
24committee on finance a report concerning how the department intends to utilize this
25authority. If the cochairpersons of the committee do not notify the department that
1the committee has scheduled a meeting for the purpose of reviewing the report
2within 14 working days after the date of the department's submittal, the department
3may carryout the action proposed in the report to the extent authorized by law. If,
4within 14 working days after the date of the department's submittal, the
5cochairpersons of the committee notify the department that the committee has
6scheduled a meeting for the purpose of reviewing the action proposed in the report,
7no action proposed in the report may be taken unless the committee approves that
8action.
AB100-ASA1,61,9
9(4) The department shall provide staff services to the land information board.