16.505 (1) (intro.) Except as provided in subs. (2), (2m), (2n), and (2p), and (3m), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:
109,18r
Section 18r. 16.505 (3m) of the statutes is created to read:
16.505 (3m) (a) Annually, after July 1
but before August 1, each executive branch agency shall submit a report to the secretary identifying each position for that agency that became vacant during the preceding fiscal year.
(b)
In any fiscal year, no executive branch agency may fill more than 80% of the total number of full-time equivalent positions for that agency that became vacant during the preceding fiscal year and were identified in the report submitted to the secretary under par. (a).
(c) Notwithstanding s. 16.50 (1), the secretary shall require each executive branch agency to submit expenditure estimates for the filling of all vacant full-time equivalent positions during each fiscal year and shall withhold approval of any expenditure estimate for the filling of a position that is inconsistent with the prohibition under par. (b) .
(d) 1. In each fiscal year, the secretary shall abolish all vacant positions that may not be filled under par. (b) and shall identify the appropriations from which these abolished positions are funded.
2. From each sum certain appropriation of general purpose revenue identified in subd. 1., the secretary of administration shall lapse to the general fund the amount specified in subd. 1. for that appropriation. After the secretary makes the lapse, each sum certain appropriation is decreased by the amount specified in subd. 1. for that appropriation.
3. For each sum sufficient appropriation of general purpose revenue identified in subd. 1. the expenditure estimate for the appropriation is reestimated to subtract the amount specified in subd. 1. for that appropriation.
4. For each sum certain program revenue or program revenue-service appropriation identified in subd. 1., the secretary of administration shall decrease the appropriation by the amount specified in subd. 1. for that appropriation.
5. From each appropriation of segregated fund revenues or segregated fund revenues — service identified in subd. 1., the secretary shall lapse to the underlying fund the amount specified in subd. 1. for that appropriation. After the secretary makes the lapse, each of the sum certain segregated revenues or segregated revenues — service appropriations is decreased by the amount specified in subd. 1. for that appropriation and the expenditure estimate for each of the appropriations that are not sum certain appropriations is reestimated to subtract the amount specified in subd. 1. for that appropriation.
16.61 (2) (af) "Form" has the meaning specified in s. 22.01 16.97 (5p).
16.61 (3n) Exempt forms. The board may not receive or investigate complaints about the forms specified in s. 22.03 16.971 (2m).
109,20pm
Section 20pm. 16.70 (3m) of the statutes is amended to read:
16.70 (3m) "Educational technology" has the meaning given in s. 44.70 (3) 115.997 (3).
16.70 (4m) "Information technology" has the meaning given in s. 22.01 16.97 (6).
16.70 (15) "Telecommunications" has the meaning given in s. 22.01 16.97 (10).
109,20sa
Section 20sa. 16.705 (2m) of the statutes is created to read:
16.705 (2m) The department shall review each proposed contract for contractual services that provides for expenditure of more than $150,000 or which the department estimates will result in expenditure of more than $150,000 to determine whether the expenditures to be made under the contract will be efficient and cost-effective. The secretary shall file a report with the cochairpersons of the joint committee on finance no later than March 1 of each odd-numbered year concerning its determinations issued during the biennium ending on the preceding December 31.
16.71 (1) Except as otherwise required under this section and s. 16.78 or as authorized in s. 16.74, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. No delegation has the effect of exempting any proposed contract for contractual services from review under s. 16.705. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.
16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the chief information officer administrator of the division of electronic government. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the chief information officer administrator of the division of electronic government.
16.71 (4) With the approval of the department of electronic government, the The department of administration shall delegate authority to the technology for educational achievement in Wisconsin board department of public instruction to make purchases of educational technology equipment for use by school districts, cooperative educational service agencies and public educational institutions in this state, upon request of the board department of public instruction.
16.72 (2) (a) The department of administration shall prepare standard specifications, as far as possible, for all state purchases. By "standard specifications" is meant a specification, either chemical or physical or both, prepared to describe in detail the article which the state desires to purchase, and trade names shall not be used. On the formulation, adoption and modification of any standard specifications, the department of administration shall also seek and be accorded without cost, the assistance, advice and cooperation of other agencies and officers. Each specification adopted for any commodity shall, insofar as possible, satisfy the requirements of any and all agencies which use it in common. Any specifications for the purchase of materials, supplies, equipment, or contractual services for information technology or telecommunications purposes are subject to the approval of the chief information officer administrator of the division of electronic government.
16.72 (2) (b) Except as provided in par. (a) and ss. 16.25 (4) (b), 16.751 and 565.25 (2) (a) 4., the department shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such "nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.
16.72 (4) (a) Except as provided in ss. 16.71 and s. 16.74 or as otherwise provided in this subchapter and the rules promulgated under s. 16.74 and this subchapter, all supplies, materials, equipment and contractual services shall be purchased for and furnished to any agency only upon requisition to the department. The department shall prescribe the form, contents, number and disposition of requisitions and shall promulgate rules as to time and manner of submitting such requisitions for processing. No agency or officer may engage any person to perform
contractual services without the specific prior approval of the department for each such engagement. Purchases of supplies, materials, equipment or contractual services by the department of electronic government, the legislature, the courts or legislative service or judicial branch agencies do not require approval under this paragraph.
16.72 (8) 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 department of public instruction on behalf of school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System.
16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 22.01 16.97 (5p).
16.75 (6) (am) Subsections (1) and (3t) do not apply to procurements by the department division of electronic government. Annually not later than October 1, the department division of electronic government shall report to the department of administration secretary, in the form specified by the secretary, concerning all procurements by the department of electronic government division during the preceding fiscal year that were not made in accordance with the requirements of subs. (1) and (3t).
16.752 (12) (i) Paragraph (a) does not apply to procurements by the department division of electronic government.
16.78 Purchases from department division of electronic government. (1) Every agency other than the board of regents of the University of Wisconsin System and or or an agency making purchases under s. 16.74 shall make all purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department division of electronic government, unless the department division of electronic government requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 22.05 16.972 (2) (h), or grants written authorization to the agency to procure the materials, supplies, equipment, or contractual services under s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual services from another agency or to provide the materials, supplies, equipment, or contractual services to itself. The board of regents of the University of Wisconsin System may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department division of electronic government.
(2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of materials, supplies, equipment, or contractual services by any agency from the department division of electronic government under sub. (1).
109,20v
Section 20v. 16.85 (10m) of the statutes is created to read:
16.85 (10m) To investigate the potential to incorporate and use distributed generation units in any state building project that is expected to involve an expenditure of $5,000,000 or more in connection with the planning process for the long-range state building program under sub. (10). In conducting its investigation, the department shall consider the cost effectiveness of such use, the potential for such use to increase statewide power generation capacity, and the potential for cost savings to be realized by the state from such use. The department shall report the results of its investigation, together with its recommendations and the reasons therefor, to the building commission prior to consideration of the project by the commission. In this subsection, "distributed generation unit" means any form of energy generation that may be used by electric consumers for the generation of electric power.
109,23c
Section 23c. Subchapter VII (title) of chapter 16 [precedes s. 16.97] of the statutes, as affected by
2001 Wisconsin Act 16, is amended to read:
CHAPTER 16
SUBCHAPTER VII
EDUCATIONAL TECHNOLOGY
ELECTRONIC GOVERNMENT
16.97 Definitions. In this subchapter:
(1) "Administrator" means the administrator of the division.
(5) "Division" means the division of electronic government.
109,23m
Section 23m. 16.974 (1), (2) and (3) of the statutes, as affected by
2001 Wisconsin Act 16, are renumbered 16.971 (13), (14) and (15) and amended to read:
16.971 (13) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide secured correctional facilities, as defined in s. 44.70 (3r) 115.997 (3r), school districts and cooperative educational service agencies with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.
(14) Subject to s. 44.73 (5), coordinate Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide private colleges, technical college districts, public library boards and public library systems with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.
(15) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide private schools with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.
16.971 (16) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin Educational Services Program for the Deaf and Hard of Hearing with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.
19.36 (4) Computer programs and data. A computer program, as defined in s. 22.03 16.971 (4) (c), is not subject to examination or copying under s. 19.35 (1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in s. 19.35 or this section.
109,23p
Section 23p. 19.42 (3m), (4g) and (4r) of the statutes are created to read:
19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).
(4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:
(a) The person's name appears.
(b) A photograph or drawing of the person appears.
(c) The identity of the person is apparent by unambiguous reference.
(4r) "Communication" has the meaning given in s. 11.01 (4m).
109,24
Section 24. 19.42 (10) (p) of the statutes is created to read:
19.42 (10) (p) A member, the executive director, or the deputy director of the sentencing commission.
109,24m
Section 24m. 19.42 (13) (c) of the statutes is amended to read:
19.42 (13) (c) All positions identified under s. 20.923 (2), (4), (4g), (6) (f) to (h), (7), and (8) to (10), except clerical positions.
109,25
Section 25. 19.42 (13) (o) of the statutes is created to read:
19.42 (13) (o) The position of member, executive director, or deputy director of the sentencing commission.
109,25c
Section 25c. 19.45 (13) of the statutes is created to read:
19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.
109,25e
Section 25e. 19.49 (1m) of the statutes is created to read:
19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.
109,25g
Section 25g. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:
19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any complaint which that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.
109,25i
Section 25i. 19.49 (5) (b) of the statutes is created to read:
19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).
109,25k
Section 25k. 19.53 (6) of the statutes is amended to read:
19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board determines that the accused has realized economic gain as a result of the violation, an the board may, in addition, order requiring the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.
109,25m
Section 25m. 19.535 of the statutes is created to read:
