AB100: Bill Text

AB100,148,2 (a) Advise on issues affecting the protection and management of the environment and natural resources in this state.

AB100,148,4 (b) Evaluate proposed rules that establish environmental or natural resources standards or other criteria.

AB100,148,6 (c) Review the scientific and technical adequacy of environmental programs, guidelines, methodologies, protocols and tests.

AB100,148,8 (d) Recommend any scientific standard or other criteria for protection of human health and the environment that the council determines is appropriate.

AB100,148,11 (e) Review new information needs, the adequacy of data collection and analysis and the quality of agency and authority environmental plans or programs of research, development and demonstration.

AB100,148,12 (f) Assess the importance of natural and anthropogenic sources of pollution.

AB100,148,14 (g) Perform any other advisory function relating to the protection and management of the environment and natural resources requested by the governor.

AB100,148,16 (3) On its own initiative or at the request of any agency or authority, the council may perform any function under sub. (2).

AB100,148,20 (4) In performing its functions under sub. (2), the council shall be strictly nonpartisan, shall consult and work closely with agencies and authorities, shall use sound, objective and scientific reasoning, shall assess the relative risk to human health and the environment and shall consider economic consequences.

AB100,149,2 (5) The council may create any committee necessary to carry out the council's functions under sub. (2). If the council creates a committee under this subsection, the council shall appoint persons to the committee who have the scientific and technical expertise to carry out the purpose of the committee. The council may appoint council members and other persons to a committee, but the council shall appoint one council member to serve as chairperson of each committee created under this subsection.

AB100,149,4 (6) All agencies and authorities shall fully cooperate with and assist the council and any committee created by the council under sub. (5).

AB100, s. 101 Section 101. 16.24 (1) (b) of the statutes is amended to read:

AB100,149,9 16.24 (1) (b) "Institution of higher education" means a public or private institution of higher education that is accredited by an accrediting association recognized by the department, and a proprietary school approved by the department of education educational approval board under s. 38.51 39.51.

AB100, s. 102 Section 102. 16.24 (10m) of the statutes is amended to read:

AB100,149,15 16.24 (10m) Repayment to general fund. The secretary shall transfer from the tuition trust fund to the general fund an amount equal to the amount encumbered from the appropriation under s. 20.505 (9) (a) in the 1996-97 fiscal year when the secretary determines that funds in the tuition trust fund are sufficient to make the transfer. The secretary may make the transfer in instalments.

AB100, s. 103 Section 103. 16.405 (1) of the statutes is amended to read:

AB100,149,21 16.405 (1) At any time the department determines that a deficiency will occur in the funds of the state which will not permit the state to meet its operating obligations in a timely manner, it may prepare a request for the issuance of operating notes under subch. III of ch. 18 and, subject to sub. subs. (2) and (3), may submit the request to the building commission.

AB100, s. 104 Section 104. 16.405 (2) of the statutes is amended to read:

AB100,149,25 16.405 (2) The department may not submit a request to the building commission under sub. (1) unless the request is signed by the secretary and the governor, and approved by the joint committee on finance.

AB100, s. 105 Section 105. 16.405 (3) of the statutes is created to read:

AB100,150,12 16.405 (3) If the department proposes to submit a request to the building commission under sub. (1), the secretary shall notify the joint committee on finance in writing of the proposed action. 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 submission within 14 working days after the date of the secretary's notification, the department may submit the request to the building commission as proposed. 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 submission, the department may submit the request to the building commission only upon approval of the committee.

AB100, s. 106 Section 106. 16.50 (3) of the statutes is amended to read:

AB100,151,21 16.50 (3) Limitation on increase of force and salaries. No department, except the legislature or the courts, may increase the pay of any employe, expend money or incur any obligation except in accordance with the estimate that is submitted to the secretary as provided in sub. (1) and approved by the secretary or the governor. No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n) or by the board of regents of the University of Wisconsin System under s. 16.505 (2m). The secretary may withhold, in total or in part, the funding for any position, as defined in s. 230.03 (11), as well as the funding for part-time or limited term employes until such time as the secretary determines that the filling of the position or the expending of funds is consistent with s. 16.505 and with the intent of the legislature as established by law or in budget determinations, or the intent of the joint committee on finance creating or abolishing positions under s. 13.10, the intent of the governor creating or abolishing positions under s. 16.505 (1) (c) or (2) or the intent of the board of regents of the University of Wisconsin System in creating or abolishing positions under s. 16.505 (2m). Until the release of funding occurs, recruitment or certification for the position may not be undertaken. The secretary shall submit a quarterly report to the joint committee on finance of any position changes made by the governor under s. 16.505 (1) (c). No pay increase may be approved unless it is at the rate or within the pay ranges prescribed in the compensation plan or as provided in a collective bargaining agreement under subch. V of ch. 111. At the request of the secretary of employment relations, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the secretary of employment relations determines that temporary positions are necessary a) to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult; or b) to provide temporary staffing to a sending agency, as defined in s. 230.047 (2) (c), for the purpose of sending the positions to a receiving agency, as defined in s. 230.047 (2) (b). Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

AB100, s. 107 Section 107. 16.505 (2m) of the statutes is amended to read:

AB100,152,5 16.505 (2m) The board of regents of the university of Wisconsin system may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (h), (ip), (iz), (j), (m) or (n) or (3) (iz) or (n). No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

AB100, s. 108 Section 108. 16.52 (10) (title) of the statutes is amended to read:

AB100,152,7 16.52 (10) (title) Department of education public instruction.

AB100, s. 109 Section 109. 16.54 (2) (a) 2. of the statutes is amended to read:

AB100,153,2 16.54 (2) (a) 2. Whenever a block grant is made to this state under any federal law enacted after August 31, 1995,which authorizes the distribution of block grants for the purposes for which the grant is made, and the secretary of administration determines that the block grant is not reflected in the estimates of federal revenues contained in the biennial budget act for the fiscal year in which the moneys received as part of the grant will be encumbered or expended, the governor shall not administer and no board, commission or department may encumber or expend moneys received as a part of the grant unless the governor first notifies the cochairpersons of the joint committee on finance, in writing, that the grant has been made. The notice shall contain a description of the purposes proposed by the governor for expenditure of the moneys received as a part of the grant. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys within 14 working days after the date of the governor's notification, the moneys may be expended as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys, no moneys received as a part of the grant may be expended without the approval of the committee.

AB100, s. 110 Section 110. 16.61 (3) (u) of the statutes is repealed.

AB100, s. 111 Section 111. 16.61 (5) of the statutes is amended to read:

AB100,153,9 16.61 (5) Transfer of public records to optical disk or electronic format. (a) Subject to rules promulgated procedures and standards prescribed by the department under s. 16.611, any state agency may transfer to or maintain in optical disk or electronic format any public record in its custody and retain the public record in that format only.

AB100,153,13 (b) Subject to rules promulgated procedures and standards prescribed by the department under s. 16.611, state agencies shall maintain procedures to ensure the authenticity, accuracy, reliability and accessibility of public records transferred to or maintained in optical disk or electronic format under par. (a).

AB100,153,17 (c) Subject to rules promulgated procedures and standards prescribed by the department under s. 16.611, state agencies that transfer to or maintain in optical disk or electronic format public records in their custody shall ensure that the public records stored in that format are protected from unauthorized destruction.

AB100, s. 112 Section 112. 16.61 (7) (a) 2. of the statutes is amended to read:

AB100,153,23 16.61 (7) (a) 2. The reproduction is on film which complies with the minimum standards of quality for microfilm reproductions, as established by rule of the board, or the optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by rule of the department under s. 16.611.

AB100, s. 113 Section 113. 16.611 (2) of the statutes is amended to read:

AB100,154,8 16.611 (2) (a) The department shall prescribe , by rule, procedures and standards for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk or electronic format and for the maintenance of such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction.

AB100,154,11 (b) The department shall prescribe, by rule, procedures and standards governing the operation of its optical disk and electronic storage facility under s. 16.62 (1) (bm).

AB100,154,14 (c) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority.

AB100,154,17 (d) The department shall prescribe, by rule, qualitative standards for the storage of public records in electronic format and for copies of public records stored in electronic format.

AB100, s. 114 Section 114. 16.611 (3) of the statutes is amended to read:

AB100,154,22 16.611 (3) Prior to submitting any proposed rule implementing any procedures or standards prescribed under sub. (2) to the legislative council staff under s. 227.15 (1), the department shall refer the proposed rule procedures or standards to the public records board for its recommendations.

AB100, s. 115 Section 115. 16.62 (1) (bm) of the statutes is amended to read:

AB100,155,3 16.62 (1) (bm) To operate a storage facility for storage of public records and records of the University of Wisconsin Hospitals and Clinics Authority in optical disk or electronic format in accordance with rules, promulgated procedures and standards, prescribed by the department under s. 16.611, governing operation of the facility.

AB100, s. 116 Section 116. 16.70 (3m) of the statutes is created to read:

AB100,155,5 16.70 (3m) "Educational technology" has the meaning given in s. 44.70 (3).

AB100, s. 117 Section 117. 16.70 (4m) of the statutes is created to read:

AB100,155,7 16.70 (4m) "Information technology" has the meaning given in s. 16.97 (6).

AB100, s. 118 Section 118. 16.72 (4) (b) of the statutes is amended to read:

AB100,155,15 16.72 (4) (b) The department shall promulgate rules for the declaration as surplus of supplies, materials and equipment in any agency and for the transfer to other agencies or for the disposal by private or public sale of supplies, materials and equipment. In either case due credit shall be given to the agency releasing the same, except that the department shall transfer any supplies, materials or equipment declared to be surplus to the department of tourism, upon request of the department of tourism, at no cost.

AB100, s. 119 Section 119. 16.72 (7) (c) of the statutes is repealed.

AB100, s. 120 Section 120. 16.72 (8) of the statutes is created to read:

AB100,155,23 16.72 (8) The division of information technology services of the department may purchase educational technology materials, supplies, equipment or contractual services from orders placed with the department by the technology for educational achievement in Wisconsin board on behalf of school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System.

AB100, s. 121 Section 121. 16.75 (6) (am) 1. of the statutes is repealed.

AB100, s. 122 Section 122. 16.75 (6) (am) 2. of the statutes is renumbered 16.75 (6) (am) and amended to read:

AB100,156,6 16.75 (6) (am) Subsections (1) and (3t) do not apply to major procurements by the department of materials, supplies, equipment or contractual services for information technology purposes or to procurements by the division of information technology services of the department under s. 16.72 (8).

AB100, s. 123 Section 123. 16.752 (12) (i) of the statutes is amended to read:

AB100,156,11 16.752 (12) (i) Paragraph (a) does not apply to major procurements, as defined in s. 16.75 (6) (am) by the department of materials, supplies, equipment or contractual services for information technology purposes or to procurements by the division of information technology services of the department under s. 16.72 (8).

AB100, s. 124 Section 124. 16.80 of the statutes is amended to read:

AB100,156,19 16.80 Purchases of computers by teachers. The department shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 16.992 (1) (c) 24.60 (1r), by public and private elementary and secondary school teachers for their private use. The department shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.

AB100, s. 125 Section 125. 16.85 (15) of the statutes is created to read:

AB100,157,2 16.85 (15) Provide or contract for the provision of professional engineering, architectural, project management and other building construction services on behalf of school districts for the installation or maintenance of electrical and computer network wiring. The department shall assess fees for services provided under this subsection and shall credit all revenues received to the appropriation account under s. 20.505 (1) (im).

AB100, s. 126 Section 126. 16.855 (1) of the statutes is amended to read:

AB100,157,14 16.855 (1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $30,000, except for construction work authorized under s. 16.858 and except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

AB100, s. 127 Section 127. 16.855 (2) (intro.) of the statutes is amended to read:

AB100,157,18 16.855 (2) (intro.) Whenever Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $30,000, or if less and in the best interest of the state, the department shall:

AB100, s. 128 Section 128. 16.855 (13) (a) of the statutes is amended to read:

AB100,157,23 16.855 (13) (a) A list of subcontractors shall not be required to be submitted with the bid. The department may require the successful bidder prime contractor to submit in writing the names of prospective subcontractors for the department's approval before the award of a contract to the prime contractor.

AB100, s. 129 Section 129. 16.855 (14) (a) of the statutes is amended to read:

AB100,158,11 16.855 (14) (a) If the estimated construction cost of a project exceeds $100,000 and bids are required to be solicited under sub. (2), the department shall take both single bids and separate bids on any division of the work that it designates. 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. 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.

AB100, s. 130 Section 130. 16.855 (19) of the statutes is amended to read:

AB100,159,3 16.855 (19) As the work progresses under any contract for construction the department, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle the contractor to receive the amount thereof, less the retainage, from the proper fund. On all construction projects, the retainage shall be an amount equal to 10% of said estimate until 50% of the work has been completed. At 50% completion, no additional amounts shall be retained, and partial payments shall be made in full to the contractor unless the architect or engineer certifies that the job is not proceeding satisfactorily. At 50% completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract. This subsection does not apply to contracts awarded under s. 16.858.

AB100, s. 131 Section 131. 16.858 of the statutes is created to read:

AB100,159,18 16.858 Energy conservation audits and construction projects. (1) The department may contract with a qualified contractor for an energy conservation audit to be performed at any state-owned building, structure or facility. Under the contract, the contractor shall prepare a report containing a description of the physical modifications to be performed to the building, structure or facility that are required to effect specific future energy savings within a specified period and a determination of the minimum savings in energy usage that will be realized by the state from making these modifications. After review of the audit report and subject to approval under s. 13.48 (10), where required, the department may contract with the contractor for construction work to be performed at the building, structure or facility for the purpose of realizing potential savings of future energy costs identified in the audit if, in the judgment of the department, the anticipated savings to the state after completion of the work will enable recovery of the costs of the work within a reasonable period of time.

AB100,160,6 (2) Any contract under sub. (1) shall require the contractor to undertake the construction work at its own expense. The contract shall provide for the state to pay a stated amount, which shall include any financing costs incurred by the contractor. The amount shall not exceed the minimum savings determined under the audit to be realized within the period specified in the audit. The state shall make payments under the contract as the savings identified in the audit are realized by the state, in the amounts actually realized, but not to exceed the stated amount. The department shall charge the cost of the payments to the applicable appropriation for fuel and utility costs at the building, structure or facility where the work is performed in the amounts equivalent to the savings that accrue to the state under that appropriation from expenditures not made as a result of the construction work, as determined by the department in accordance with the contract. The department may also charge its costs for negotiation and administration of the contract to the same appropriation.

AB100,160,8 (3) Any contract under sub. (1) shall include a provision stating in substance that payments under the contract are contingent upon available appropriations.

AB100, s. 132 Section 132. 16.865 (9) of the statutes is created to read:

AB100,160,12 16.865 (9) Have the authority to disclose individual medical records obtained under s. 40.07 (2) to the department of industry, labor and job development for any worker's compensation proceeding under ch. 102.

AB100, s. 133 Section 133. 16.966 of the statutes is created to read:

AB100,160,15 16.966 Land information support. (1) In this section, "state agency" has the meaning given for "agency" under s. 16.045 (1) (a).

AB100,160,22 (2) The department may assess any state agency for any amount that it determines to be required for support of state land information functions under s. 16.967 and the functions of the Wisconsin land council under s. 16.023. For this purpose, the department may assess state agencies on a premium basis and pay costs incurred on an actual basis. The department shall credit all moneys received from state agencies under this subsection to the appropriation account under s. 20.505 (1) (ks).

AB100, s. 134 Section 134. 16.967 (1) (a) of the statutes is repealed.

AB100, s. 135 Section 135. 16.967 (1) (dm) of the statutes is created to read:

AB100,161,2 16.967 (1) (dm) "State agency" has the meaning given for "agency" under s. 16.045 (1) (a).

AB100, s. 136 Section 136. 16.967 (3) (intro.) of the statutes is amended to read:

AB100,161,7 16.967 (3) (title) Board duties Duties of the department. (intro.) The board department shall direct and supervise the land information program and serve as the state clearinghouse for access to land information. In addition, the board department shall: