AB100, s. 118
8Section
118. 16.72 (4) (b) of the statutes is amended to read:
AB100,155,159
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.
AB100, s. 119
16Section
119. 16.72 (7) (c) of the statutes is repealed.
AB100, s. 120
17Section
120. 16.72 (8) of the statutes is created to read:
AB100,155,2318
16.72
(8) The division of information technology services of the department
19may purchase educational technology materials, supplies, equipment or contractual
20services from orders placed with the department by the technology for educational
21achievement in Wisconsin board on behalf of school districts, cooperative educational
22service agencies, technical college districts and the board of regents of the University
23of Wisconsin System.
AB100, s. 121
24Section
121. 16.75 (6) (am) 1. of the statutes is repealed.
AB100, s. 122
1Section
122. 16.75 (6) (am) 2. of the statutes is renumbered 16.75 (6) (am) and
2amended to read:
AB100,156,63
16.75
(6) (am) Subsections (1) and (3t) do not apply to
major procurements
by
4the department of materials, supplies, equipment or contractual services for
5information technology purposes or to procurements by the division of information
6technology services of the department under s. 16.72 (8).
AB100, s. 123
7Section
123. 16.752 (12) (i) of the statutes is amended to read:
AB100,156,118
16.752
(12) (i) Paragraph (a) does not apply to
major procurements
, as defined
9in s. 16.75 (6) (am) by the department of materials, supplies, equipment or
10contractual services for information technology purposes or to procurements by the
11division of information technology services of the department under s. 16.72 (8).
AB100, s. 124
12Section
124. 16.80 of the statutes is amended to read:
AB100,156,19
1316.80 Purchases of computers by teachers. The department shall
14negotiate with private vendors to facilitate the purchase of computers and other
15educational technology, as defined in s.
16.992 (1) (c) 24.60 (1r), by public and private
16elementary and secondary school teachers for their private use. The department
17shall attempt to make available types of computers and other educational technology
18under this section that will encourage and assist teachers in becoming
19knowledgeable about the technology and its uses and potential uses in education.
AB100, s. 125
20Section
125. 16.85 (15) of the statutes is created to read:
AB100,157,221
16.85
(15) Provide or contract for the provision of professional engineering,
22architectural, project management and other building construction services on
23behalf of school districts for the installation or maintenance of electrical and
24computer network wiring. The department shall assess fees for services provided
1under this subsection and shall credit all revenues received to the appropriation
2account under s. 20.505 (1) (im).
AB100, s. 126
3Section
126. 16.855 (1) of the statutes is amended to read:
AB100,157,144
16.855
(1) The department shall let by contract to the lowest qualified
5responsible bidder all construction work when the estimated construction cost of the
6project exceeds $30,000, except
for construction work authorized under s. 16.858 and
7except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm
8and the department determines that the state, foreign nation or subdivision thereof
9in which the bidder is domiciled grants a preference to bidders domiciled in that
10state, nation or subdivision in making governmental purchases, the department
11shall give a preference over that bidder to Wisconsin firms, if any, when awarding the
12contract, in the absence of compelling reasons to the contrary. The department may
13enter into agreements with states, foreign nations and subdivisions thereof for the
14purpose of implementing this subsection.
AB100, s. 127
15Section
127. 16.855 (2) (intro.) of the statutes is amended to read:
AB100,157,1816
16.855
(2) (intro.)
Whenever Except for projects authorized under s. 16.858,
17whenever the estimated construction cost of a project exceeds $30,000, or if less and
18in the best interest of the state, the department shall:
AB100, s. 128
19Section
128. 16.855 (13) (a) of the statutes is amended to read:
AB100,157,2320
16.855
(13) (a) A list of subcontractors shall not be required to be submitted
21with the bid. The department may require the
successful bidder prime contractor 22to submit in writing the names of prospective subcontractors for the department's
23approval before the award of a contract to the prime contractor.
AB100, s. 129
24Section
129. 16.855 (14) (a) of the statutes is amended to read:
AB100,158,11
116.855
(14) (a) If the estimated construction cost of a project exceeds $100,000
2and bids are required to be solicited under sub. (2), the department shall take both
3single bids and separate bids on any division of the work that it designates. If the
4estimated construction cost of a project does not exceed $100,000 and bids are
5required to be solicited under sub. (2), the department may take single bids or
6separate bids on any division of the work that it designates. If the department
7awards contracts by the division of work, the department shall award the contracts
8according to the division of work selected for bidding. Except as provided in sub.
9(10m) (a), the department shall award all contracts to the lowest qualified
10responsible bidder or bidders that result in the lowest total construction cost for the
11project.
AB100, s. 130
12Section
130. 16.855 (19) of the statutes is amended to read:
AB100,159,313
16.855
(19) As the work progresses under any contract for construction the
14department, from time to time, shall grant to the contractor an estimate of the
15amount and proportionate value of the work done, which shall entitle the contractor
16to receive the amount thereof, less the retainage, from the proper fund. On all
17construction projects, the retainage shall be an amount equal to 10% of said estimate
18until 50% of the work has been completed. At 50% completion, no additional amounts
19shall be retained, and partial payments shall be made in full to the contractor unless
20the architect or engineer certifies that the job is not proceeding satisfactorily. At 50%
21completion or any time thereafter when the progress of the work is not satisfactory,
22additional amounts may be retained but in no event shall the total retainage be more
23than 10% of the value of the work completed. Upon substantial completion of the
24work, an amount retained may be paid to the contractor. For the purposes of this
25section, estimates may include any fabricated or manufactured materials and
1components specified, previously paid for by contractor and delivered to the work or
2properly stored and suitable for incorporation in the work embraced in the contract.
3This subsection does not apply to contracts awarded under s. 16.858.
AB100, s. 131
4Section
131. 16.858 of the statutes is created to read:
AB100,159,18
516.858 Energy conservation audits and construction projects. (1) The
6department may contract with a qualified contractor for an energy conservation
7audit to be performed at any state-owned building, structure or facility. Under the
8contract, the contractor shall prepare a report containing a description of the
9physical modifications to be performed to the building, structure or facility that are
10required to effect specific future energy savings within a specified period and a
11determination of the minimum savings in energy usage that will be realized by the
12state from making these modifications. After review of the audit report and subject
13to approval under s. 13.48 (10), where required, the department may contract with
14the contractor for construction work to be performed at the building, structure or
15facility for the purpose of realizing potential savings of future energy costs identified
16in the audit if, in the judgment of the department, the anticipated savings to the state
17after completion of the work will enable recovery of the costs of the work within a
18reasonable period of time.
AB100,160,6
19(2) Any contract under sub. (1) shall require the contractor to undertake the
20construction work at its own expense. The contract shall provide for the state to pay
21a stated amount, which shall include any financing costs incurred by the contractor.
22The amount shall not exceed the minimum savings determined under the audit to
23be realized within the period specified in the audit. The state shall make payments
24under the contract as the savings identified in the audit are realized by the state, in
25the amounts actually realized, but not to exceed the stated amount. The department
1shall charge the cost of the payments to the applicable appropriation for fuel and
2utility costs at the building, structure or facility where the work is performed in the
3amounts equivalent to the savings that accrue to the state under that appropriation
4from expenditures not made as a result of the construction work, as determined by
5the department in accordance with the contract. The department may also charge
6its costs for negotiation and administration of the contract to the same appropriation.
AB100,160,8
7(3) Any contract under sub. (1) shall include a provision stating in substance
8that payments under the contract are contingent upon available appropriations.
AB100, s. 132
9Section
132. 16.865 (9) of the statutes is created to read:
AB100,160,1210
16.865
(9) Have the authority to disclose individual medical records obtained
11under s. 40.07 (2) to the department of industry, labor and job development for any
12worker's compensation proceeding under ch. 102.
AB100, s. 133
13Section
133. 16.966 of the statutes is created to read:
AB100,160,15
1416.966 Land information support. (1) In this section, "state agency" has
15the meaning given for "agency" under s. 16.045 (1) (a).
AB100,160,22
16(2) The department may assess any state agency for any amount that it
17determines to be required for support of state land information functions under s.
1816.967 and the functions of the Wisconsin land council under s. 16.023. For this
19purpose, the department may assess state agencies on a premium basis and pay costs
20incurred on an actual basis. The department shall credit all moneys received from
21state agencies under this subsection to the appropriation account under s. 20.505 (1)
22(ks).
AB100, s. 134
23Section
134. 16.967 (1) (a) of the statutes is repealed.
AB100, s. 135
24Section
135. 16.967 (1) (dm) of the statutes is created to read:
AB100,161,2
116.967
(1) (dm) "State agency" has the meaning given for "agency" under s.
216.045 (1) (a).
AB100, s. 136
3Section
136. 16.967 (3) (intro.) of the statutes is amended to read:
AB100,161,74
16.967
(3) (title)
Board duties Duties of the department. (intro.) The
board 5department shall direct and supervise the land information program and serve as
6the state clearinghouse for access to land information. In addition, the
board 7department shall:
AB100, s. 137
8Section
137. 16.967 (3) (a) to (e) of the statutes are amended to read:
AB100,161,119
16.967
(3) (a)
Provide Facilitate the provision of technical assistance and
10advice to state agencies and local governmental units with land information
11responsibilities.
AB100,161,1412
(b) Maintain and distribute an inventory of land information
and land
13information systems available
in and for this state
, land records available for this
14state and land information systems.
AB100,161,1715
(c) Prepare guidelines to coordinate the modernization
and integration of land
16records and land information systems
in and among local units of government and
17state agencies.
AB100,161,1918
(d)
Review Facilitate the review of project applications received under sub. (7)
19and determine which projects are approved.
AB100,161,2220
(e)
Review for approval a Facilitate the review of countywide
plan plans for
21land records modernization prepared under s. 59.72 (3) (b)
and determine which
22plans are approved.
AB100, s. 138
23Section
138. 16.967 (3) (f) of the statutes is created to read:
AB100,161,2524
16.967
(3) (f) Develop and maintain geographic information systems relating
25to land in this state for the use of governmental and nongovernmental units.
AB100, s. 139
1Section
139. 16.967 (4) to (6) of the statutes are amended to read:
AB100,162,52
16.967
(4) Funding report. The
board department shall identify and study
3possible program revenue sources or other revenue sources for the purpose of
4funding the operations of the
board department relating to land information,
5including grants to counties under sub. (7).
AB100,162,7
6(5) Fees. All The department shall credit all fees received under s. 59.72 (5)
7(a)
shall be credited to the appropriation
account under s. 20.505
(4) (im) (1) (i).
AB100,162,20
8(6) Reports. By
Biennially no later than March 31
, 1990, and biennially
9thereafter, the department of administration of each even-numbered year, the
10department of agriculture, trade and consumer protection, the department of
11commerce, the department of health and family services, the department of natural
12resources, the department of tourism, the department of revenue, the department of
13transportation, the board of regents of the university of Wisconsin system, the public
14service commission and the board of curators of the historical society shall each
15submit to the
board department a plan to integrate land information
maintained by
16that entity to enable such information to be readily translatable, retrievable and
17geographically referenced for use by any state, local governmental unit or public
18utility.
Biennially no later than March 31 of each even-numbered year, the
19department shall prepare a similar plan for land information maintained by the
20department.
AB100, s. 140
21Section
140. 16.967 (7) (a) (intro.) of the statutes is amended to read:
AB100,162,2522
16.967
(7) (a) (intro.) A county board that has established a county land
23information office under s. 59.72 (3) may apply to the
board department on behalf of
24any local governmental unit, as defined in s. 59.72 (1) (c), located wholly or partially
25within the county for a grant for any of the following projects:
AB100, s. 141
1Section
141. 16.967 (7) (b), (8) and (9) of the statutes are amended to read:
AB100,163,42
16.967
(7) (b) Grants shall be paid from the appropriation under s. 20.505
(4) 3(im) (1) (i). A grant under this subsection may not exceed $100,000. The
board 4department may award more than one grant to a county board.
AB100,163,9
5(8) Advice; cooperation. In carrying out its duties under this section, the
board 6department may seek advice and assistance from the university of Wisconsin system,
7state agencies, local governmental units and other experts involved in collecting and
8managing land information. State agencies shall cooperate with the
board 9department in the coordination of land information collection.
AB100,163,14
10(9) Technical assistance; education. The
board department may provide
11technical assistance to counties and conduct educational seminars, courses or
12conferences relating to land information. The
board
department shall charge and
13collect fees sufficient to recover the costs of activities authorized under this
14subsection.
AB100, s. 142
15Section
142. 16.968 of the statutes is amended to read:
AB100,163,24
1616.968 Groundwater survey and analysis. The department
of
17administration shall allocate funds for programs of groundwater survey and
18analysis to the department of natural resources and the geological and natural
19history survey following review and approval of a mutually agreed upon division of
20responsibilities concerning groundwater programs between the department of
21natural resources and the geological and natural history survey, a specific
22expenditure plan and groundwater data collection standards consistent with the
23purposes of s. 16.967. State funds allocated under this section shall be used to match
24available federal funds prior to being used for solely state-funded activities.
AB100, s. 143
25Section
143. 16.971 (2) (L) of the statutes is amended to read:
AB100,164,12
116.971
(2) (L) Require each executive branch agency to adopt, revise biennially,
2and submit for its approval, a strategic plan for the utilization of information
3technology to carry out the functions of the agency. As a part of each plan, the division
4shall require each executive branch agency to address the business needs of the
5agency and to identify all
resources relating to information technology which the
6agency desires to acquire, contingent upon funding availability
proposed
7information technology development projects that serve those business needs, the
8priority for
undertaking such
acquisitions projects and the justification for
such
9acquisitions each project, including the anticipated benefits of the project. Each plan
10shall identify any changes in the functioning of the agency under the plan. The
11division shall consult with the joint committee on information policy in providing
12guidance for and scheduling of planning by executive branch agencies.
AB100, s. 144
13Section
144. 16.971 (5) (b) of the statutes is amended to read:
AB100,165,314
16.971
(5) (b) The department shall award grants under par. (a) once during
15each fiscal year. Grants shall be awarded in accordance with criteria developed
16annually by the department prior to awarding of grants. No later than September
1715 of each year, the department shall submit its proposed criteria for the award of
18grants in the following fiscal year to the cochairpersons of the joint committee on
19information policy.
The department shall not award any grant under the criteria
20until the criteria are approved by the committee If the cochairpersons of the
21committee do not notify the department that the committee has scheduled a meeting
22for the purpose of reviewing the proposed criteria within 14 working days after the
23date of the department's submittal, the department may proceed to award grants for
24the following fiscal year in accordance with the proposed criteria. If, within 14
25working days after the date of the department's submittal, the cochairpersons of the
1committee notify the department that the committee has scheduled a meeting for the
2purpose of reviewing the proposed criteria, the department shall not award grants
3for the following fiscal year until the committee approves the criteria.
AB100, s. 145
4Section
145. 16.971 (5) (bp) of the statutes is amended to read:
AB100,165,75
16.971
(5) (bp) If t
he criteria are approved by the committee grants are
6authorized to be distributed under par.
(bd)
(b), the department shall make grant
7awards for each fiscal year no later than May 15 preceding that fiscal year.
AB100, s. 146
8Section
146. 16.971 (5) (g) of the statutes is repealed.
AB100, s. 147
9Section
147. 16.971 (9) of the statutes is amended to read:
AB100,165,1710
16.971
(9) In conjunction with the public defender board, the director of state
11courts, the departments of corrections and justice and district attorneys, the division
12may maintain, promote and coordinate automated justice information systems that
13are compatible among counties and the officers and agencies specified in this
14subsection, using the moneys appropriated under s. 20.505 (1) (ja)
and (kp). The
15division shall annually report to the legislature under s. 13.172 (2) concerning the
16division's efforts to improve and increase the efficiency of integration of justice
17information systems.
AB100, s. 148
18Section
148. 16.974 (7) of the statutes is created to read:
AB100,165,2119
16.974
(7) Coordinate with the technology for educational achievement in
20Wisconsin board to provide school districts with telecommunications access under s.
21196.218 (4r) and contract with telecommunications providers to provide such access.
AB100, s. 149
22Section
149. 16.98 (1) of the statutes is amended to read:
AB100,166,723
16.98
(1) The department shall engage in such activities as the secretary deems
24necessary to ensure the maximum utilization of federal resources by state agencies
25and institutions and other eligible organizations and units of government, including
1community development corporations as defined in s. 234.94 (2). The department
2shall acquire excess and surplus real and personal property at such cost to the
3recipient as is necessary to amortize expenditures for transportation, packing,
4crating, handling and program overhead
, except that the department shall transfer
5any excess or surplus personal property to the department of tourism, upon request
6of the department of tourism, at no cost, subject to any limitation or restriction
7imposed by federal law.
AB100, s. 150
8Section
150. Subchapter IX (title) of chapter 16 [precedes 16.99] of the
9statutes is amended to read:
AB100,166,1010
Chapter 16
AB100,166,1311
Subchapter IX
12
Telecommunications
and
13
instructional technology
AB100, s. 152
15Section
152. 17.025 (4) (d) of the statutes is amended to read:
AB100,166,2016
17.025
(4) (d)
Attorney general; state superintendent. When the temporary
17vacancy exists in the office of attorney general or in the office of
secretary of education 18state superintendent of public instruction, the duties of the office shall be assumed,
19respectively, by the deputy under s. 15.04 (2) or, if such office is vacant, by a deputy
20appointed by the governor.
AB100, s. 153
21Section
153. 17.26 (4) of the statutes is amended to read:
AB100,166,2422
17.26
(4) In boards where the first annual meeting of the district has failed to
23elect school board members, by appointment by the
secretary of education state
24superintendent of public instruction.
AB100, s. 154
25Section
154. 18.06 (9) of the statutes is amended to read:
AB100,167,5
118.06
(9) (title)
Clean water fund program bonds. Notwithstanding sub. (4),
2the sale of bonds under this subchapter to provide revenue for the clean water fund
3program may be a private sale to the
clean water
environmental improvement fund
4under s. 25.43, if the bonds sold are held or owned by the
clean water environmental
5improvement fund, or a public sale, as provided in the authorizing resolution.
AB100, s. 155
6Section
155. 18.57 (3) of the statutes is amended to read:
AB100,167,147
18.57
(3) Moneys in such funds may be commingled only for the purpose of
8investment with other public funds, but they shall be invested only in investment
9instruments permitted in s. 25.17 (3) (dg) or in
clean water environmental
10improvement fund investment instruments permitted in s. 281.59 (2m). All such
11investments shall be the exclusive property of such fund and all earnings on or
12income from investments shall be credited to such fund and shall become available
13for any of the purposes under sub. (2) and for the payment of interest on related
14revenue obligations.
AB100, s. 156
15Section
156. 19.36 (7) (b) of the statutes is amended to read:
AB100,167,2316
19.36
(7) (b) Every applicant for a position with any authority may indicate in
17writing to the authority that the applicant does not wish the authority to reveal his
18or her identity. Except with respect to an applicant whose name is certified for
19appointment to a position in the state classified service or a final candidate, if an
20applicant makes such an indication in writing, the authority shall not provide access
21to any record related to the application that may reveal the identity of the applicant.
22This paragraph does not apply to a request for access to a record by the department
23of industry, labor and job development under s. 49.22 (2m).
AB100, s. 157
24Section
157. 19.36 (8) (b) of the statutes is amended to read:
AB100,168,13
119.36
(8) (b) If an authority that is a law enforcement agency receives a request
2to inspect or copy a record or portion of a record under s. 19.35 (1) (a) that contains
3specific information including but not limited to a name, address, telephone number,
4voice recording or handwriting sample which, if disclosed, would identify an
5informant, the authority shall delete the portion of the record in which the
6information is contained or, if no portion of the record can be inspected or copied
7without identifying the informant, shall withhold the record unless the legal
8custodian of the record, designated under s. 19.33, makes a determination, at the
9time that the request is made, that the public interest in allowing a person to inspect,
10copy or receive a copy of such identifying information outweighs the harm done to the
11public interest by providing such access.
This paragraph does not apply to a request
12for access to a record by the department of industry, labor and job development under
13s. 49.22 (2m).