16.765 (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, the Fox River Navigational System Authority, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, or the Bradley Center Sports and Entertainment Corporation shall:
16,305
Section
305. 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, the Fox River Navigational System Authority, or the Bradley center sports and entertainment corporation.
16,306
Section
306. 16.765 (8) of the statutes is amended to read:
16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.
16,307
Section
307. 16.78 of the statutes is amended to read:
16.78 Purchases from division of information technology services department of electronic government. (1) Every agency other than the board of regents of the University of Wisconsin system and an agency making purchases under s. 16.74 shall purchase all computer make all purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the division of information technology services in the department of administration electronic government, unless the division department 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 (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 purchase computer services from the division of information technology services make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department of electronic government.
(2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of computer materials, supplies, equipment, or contractual services by any agency from the division of information technology services department of electronic government under sub. (1).
16,308
Section
308. 16.80 of the statutes is renumbered 22.19.
16,310
Section
310. 16.838 (1) (b) of the statutes is amended to read:
16.838 (1) (b) "Authority" means a body created under ch. 231, 232, 233, 234 or, 235
, or 237.
16,311
Section
311. 16.84 (14) of the statutes is amended 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) (kb).
16,312
Section
312. 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 or leased from the state by the Fox River Navigational System 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 Fox River Navigational System Authority, 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 payable to the state shall be paid into the general fund and 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 subsection applies only to those facilities for which a procedure for obtaining a permit has been established by the managing authority.
16,313
Section
313. 16.847 (1) (a) of the statutes is repealed.
16,314
Section
314. 16.847 (2) to (7) of the statutes are repealed.
16,315
Section
315. 16.847 (8) (a) of the statutes is renumbered 16.847 (8) and amended to read:
16.847 (8) Repayment agreements.
As a condition of receiving a loan under sub. (6), an agency shall enter into an agreement to repay the loan from utility expenses saved by the energy efficiency project. The agreement shall specify the annual repayment amount and the appropriation to which the loan shall be repaid. Annually, the The department may annually transfer the specified repayment amount from an appropriation described in the agreement to the same account in repayments under agreements to obtain loans from the energy efficiency fund from which the loan was made under s. 16.847 (6), 1999 stats., from the appropriations specified in the agreements to the general fund. The amount of each annual repayment shall equal the amount of annual savings in utility expenses realized as a result of the energy efficiency project that was funded by a loan. The department shall determine the amount of annual savings in utility expenses saved realized as a result of an energy efficiency project.
16,316
Section
316. 16.847 (8) (b) of the statutes is repealed.
16,317
Section
317. 16.847 (9) of the statutes is repealed.
16,318
Section
318. 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 commerce, department of revenue, public service commission, department of health and family services and other departments, boards and commissions when the service is not related to the maintenance, and 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 adopt the architectural and engineering design proposed by the state fair park board for any project to be constructed for the board, if the design and specifications conform to applicable laws, rules, codes and regulations. 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 employees.
16,319
Section
319. 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, or 237.
16,319m
Section 319m. 16.85 (6) of the statutes is amended to read:
16.85 (6) To approve the appointment of a principal engineer or architect for departments, boards and commissions and when such continuous service is needed. No such engineer or architect shall be employed without the written approval of the secretary. This subsection does not apply to the state fair park board.
16,319s
Section 319s. 16.85 (10m) of the statutes is created to read:
16.85 (10m) In connection with the planning process for the long-range state building program under sub. (10), 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 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.
16,321
Section
321. 16.85 (16) of the statutes is created to read:
16.85 (16) To review and approve the design and specifications of any rehabilitation or repair project of the Fox River Navigational System Authority on state-owned land, to approve the decision to proceed with the project, and to periodically review the progress of the project during construction to assure compliance with the approved design and specifications.
16,321j
Section 321j. 16.854 (1) (a) of the statutes is amended to read:
16.854 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).
16,321m
Section 321m. 16.855 (19) of the statutes is amended to read:
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 retaining, from the proper fund. On all construction projects, the retainage shall be an amount equal to 10% 5% 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% 5% 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.
16,322
Section
322. 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, or 237.
16,322e
Section 322e. 16.87 (2) of the statutes is amended to read:
16.87 (2) A contract for engineering services or architectural services or a contract involving an expenditure of $2,500 $10,000 or more for construction work, or $20,000 $30,000 or more for limited trades work, to be done for or furnished to the state or a department, board, commission or officer of the state is exempt from the requirements of ss. 16.705 and 16.75. The department shall attempt to ensure that 5% of the total amount expended under this section in each fiscal year is paid to minority businesses, as defined under s. 16.75 (3m) (a).
16,322g
Section 322g. 16.87 (3) of the statutes is amended to read:
16.87 (3) Except as provided in sub. (4), a contract under sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary's designated assistant and, if the contract involves an expenditure over $30,000
$60,000, approved by the governor. Except as provided in sub. (4), no payment or compensation for work done under any contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary's designee. Any change order to a contract requiring approval under this subsection requires the prior approval by the secretary or the secretary's designated assistant and, if the change order involves an expenditure over $30,000 $60,000, the approval of the governor.
16,322i
Section 322i. 16.87 (5) of the statutes is repealed.
16,322m
Section 322m. 16.95 (16) of the statutes is created to read:
16.95 (16) Require public utilities to provide the department with energy billing and use data regarding public schools, if the department determines that the data would facilitate any effort by the department to administer or provide energy assistance for public schools, including any effort to direct energy assistance to public schools with the highest energy costs.
16,324
Section
324. 16.957 (2) (a) (intro.) of the statutes is amended to read:
16.957 (2) (a) Low-income programs. (intro.) After holding a hearing, establish programs to be administered by the department for awarding grants from the appropriation under s. 20.505 (10) (3) (r) to provide low-income assistance. In each fiscal year, the amount awarded under this paragraph shall be sufficient to ensure that an amount equal to 47% of the sum of the following is spent for weatherization and other energy conservation services:
16,325
Section
325. 16.957 (2) (b) 1. of the statutes is amended to read:
16.957 (2) (b) 1. Subject to subd. 2., after holding a hearing, establish programs for awarding grants from the appropriation under s. 20.505 (10) (3) (s) for each of the following:
a. Proposals for providing energy conservation or efficiency services. In awarding grants under this subd. 1. a., the department shall give priority to proposals directed at the sectors of energy conservation or efficiency markets that are least competitive and at promoting environmental protection, electric system reliability, or rural economic development. In each fiscal year, 1.75% of the appropriation under s. 20.505 (10) (3) (s) shall be awarded in grants for research and development proposals regarding the environmental impacts of the electric industry.
b. Proposals for encouraging the development or use of customer applications of renewable resources, including educating customers or members about renewable resources or encouraging uses of renewable resources by customers or members or encouraging research technology transfers. In each fiscal year, the department shall ensure that 4.5% of the appropriation under s. 20.505 (10) (3) (s) is awarded in grants under this subd. 1. b.
16,327n
Section 327n. 16.964 (1) (i) of the statutes is created to read:
16.964 (1) (i) From the appropriations under s. 20.505 (6) (kp) and (p), allocate $250,000 annually to the department of transportation for the purpose of awarding grants under s. 85.53.
16,328g
Section 328g. 16.964 (4) of the statutes is amended to read:
16.964 (4) In regard to any grant the office makes to any local unit of government for which the state is providing matching funds from moneys under s. 20.505 (6) (kp), the local unit of government shall provide matching funds equal to at least 10%. This subsection does not apply to grants made to improve the enforcement of laws regarding controlled substances commonly known as club drugs, including ecstasy, and to educate the public regarding the nature and impact of those controlled substances and the criminal penalties that apply to possessing, manufacturing, distributing, or delivering them unlawfully.
16,332
Section
332. 16.965 (2) of the statutes is amended to read:
16.965 (2) From the appropriation
appropriations under s. ss. 20.505 (1) (cm) and (if), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance a percentage of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. The department shall determine the percentage of the cost to be funded by a local governmental unit based on the number of applications for grants and the availability of funding to finance grants for the fiscal year in which grants are to be provided. A local governmental unit that desires to receive a grant under this subsection shall file an application with the department. The application shall contain a complete statement of the expenditures proposed to be made for the purposes of the grant.
The department shall establish a deadline for receipt of applications. Immediately following the deadline, all applications received by the department are open to public inspection. No local governmental unit is eligible to receive a grant under this subsection unless the local governmental unit agrees to utilize the grant to finance planning for all of the purposes specified in s. 66.0295 66.1001 (2).
16,342m
Section 342m. 16.966 (5) of the statutes is created to read:
16.966 (5) Notwithstanding s. 16.705 (1), the department shall enter into a contract for the operation and maintenance of the land information system under s. 16.967 (6m).
16,342n
Section 342n. 16.966 (5) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.
16.967 (6) Reports. By March 31, 1990, and biennially thereafter of each year, the department of administration, the department of agriculture, trade and consumer protection, the department of commerce, the department of health and family services, the department of natural resources, the department of tourism, the department of revenue, the department of transportation, 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. The plans shall include the information that will be needed by local governmental units to prepare comprehensive plans containing the planning elements required under s. 66.1001 (2). Upon receipt of this information, the board shall integrate the information to enable the information to be used to meet land information data needs. The integrated information shall be readily translatable, retrievable, and geographically referenced to enable members of the public to use the information.
16,343p
Section 343p. 16.967 (6) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
16.967 (6) Reports. By March 31 of each year, the department of administration, the department of agriculture, trade and consumer protection, the department of commerce, the department of forestry, the department of health and family services, the department of natural resources, the department of tourism, the department of revenue, the department of transportation, 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. The plans shall include the information that will be needed by local governmental units to prepare comprehensive plans containing the planning elements required under s. 66.1001 (2). Upon receipt of this information, the board shall integrate the information to enable the information to be used to meet land information data needs. The integrated information shall be readily translatable, retrievable, and geographically referenced to enable members of the public to use the information.
16,343r
Section 343r. 16.967 (6m) of the statutes is created to read:
16.967 (6m) State land information system. The board shall promulgate rules governing the creation and maintenance of a state land information system.
16,343t
Section 343t. 16.967 (7) (a) 5. of the statutes is created to read:
16.967 (7) (a) 5. To support technological developments and improvements for the purpose of providing Internet-accessible housing assessment and sales data.
16,345
Section
345. Subchapter VII (title) of chapter 16 [precedes 16.97] of the statutes is amended to read:
Chapter 16
Subchapter VII
Information Educational
Technology
16,346
Section
346. 16.97 (intro.) of the statutes is renumbered 22.01 (intro.) and amended to read:
22.01 Definitions. (intro.) In this subchapter chapter:
16,347
Section
347. 16.97 (1) to (9) of the statutes are renumbered 22.01 (1) to (9).
16,348
Section
348. 16.97 (10) of the statutes is renumbered 16.97 and amended to read:
16.97 Definition. "Telecommunications" means the electronic movement of information in any form from one point to another In this subchapter, "telecommunications" has the meaning given in s. 22.01 (10).
16,349
Section
349. 16.971 (title) of the statutes is renumbered 22.03 (title).
16,350
Section
350. 16.971 (1) of the statutes is repealed.
16,351
Section
351. 16.971 (1m) of the statutes is renumbered 22.03 (2) (a) and amended to read:
22.03 (2) (a) The department shall ensure Ensure that an adequate level of 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 shall also ensure that executive branch agencies, other than the board of regents of the University of Wisconsin System, make effective and efficient use of the information technology resources of the state. The department shall, in cooperation with agencies, establish policies, procedures and planning processes, for the administration of information technology services, which executive branch agencies shall follow. The policies, procedures and processes shall address the needs of agencies, other than the board of regents of the University of Wisconsin System, to carry out their functions. The department shall monitor adherence to these policies, procedures and processes.
16,352
Section
352. 16.971 (2) (intro.) of the statutes is renumbered 22.03 (2) (intro.) and amended to read:
22.03 (2) (intro.) The division department shall:
16,353
Section
353. 16.971 (2) (a) of the statutes is renumbered 22.03 (2) (ae) and amended to read:
22.03 (2) (ae) 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 department rejects for cause or modifies the form within 20 working days after receipt, it is considered approved. The division's
department's rejection of any form is appealable to the public records board. If the head of an agency certifies to the division department that the form is needed on a temporary basis, approval by the division department is not required.
16,354
Section
354. 16.971 (2) (am) to (k) of the statutes are renumbered 22.03 (2) (am) to (k).
16,355
Section
355. 16.971 (2) (L) to (m) of the statutes are renumbered 22.03 (2) (L) to (m) and amended to read:
22.03 (2) (L) Require each executive branch agency
, other than the board of regents of the University of Wisconsin System, to adopt, revise biennially, and submit for its approval, to the department, in a form specified by the department, no later than March 1 of each year, a strategic plan for the utilization of information technology to carry out the functions of the agency. As a part of each plan, the division shall require each executive branch agency to address the business needs of the agency and to identify all proposed information technology development projects that serve those business needs, the priority for undertaking such projects and the justification for each project, including the anticipated benefits of the project. Each plan shall identify any changes in the functioning of the agency under the plan. The division shall consult with the joint committee on information policy and technology in providing guidance for and scheduling of planning by executive branch agencies in the succeeding fiscal year for review and approval under s. 22.13.
(Lm) No later than 60 days after enactment of each biennial budget act, require each executive branch agency, other than the board of regents of the University of Wisconsin System, that receives funding under that act for an information technology development project to file with the division department an amendment to its strategic plan for the utilization of information technology under par. (L). The amendment shall identify each information technology development project for which funding is provided under that act and shall specify, in a form prescribed by the secretary chief information officer, the benefits that the agency expects to realize from undertaking the project.
(m) Assist in coordination and integration of the plans of executive branch agencies relating to information technology approved under par. (L) and, using these plans and the statewide long-range telecommunications plan under s. 16.99 22.41 (2) (a), formulate and revise biennially a consistent statewide strategic plan for the use and application of information technology. The division department shall, no later than September 15 of each even-numbered year, submit the statewide strategic plan to the cochairpersons of the joint committee on information policy and technology and the governor.
16,355m
Section 355m. 16.971 (2) (n) of the statutes is renumbered 22.03 (2) (n)
and amended to read:
