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:
22.03 (2) (n) Maintain an information technology resource center to provide appropriate technical assistance and training to small agencies. If funding is made available to the ethics board under this paragraph, the department shall permit the ethics board to utilize the funding to procure technical assistance or training from any source .
16,356
Section
356. 16.971 (2m) of the statutes is renumbered 22.03 (2m).
16,357ab
Section 357ab. 16.971 (3) of the statutes is renumbered 22.03 (3) and amended to read:
22.03 (3) (a) The secretary chief information officer shall notify the joint committee on finance in writing of the proposed acquisition of any information technology resource that the department considers major or that is likely to result in a substantive change of service, and that was not considered in the regular budgeting process and is to be financed from general purpose revenues or corresponding revenues in a segregated fund. If the cochairpersons of the committee do not notify the secretary
chief information officer that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition within 14 working days after the date of the secretary's officer's notification, the department may approve acquisition of the resource. If, within 14 working days after the date of the secretary's officer's notification, the cochairpersons of the committee notify the secretary
officer that the committee has scheduled a meeting for the purpose of reviewing the proposed acquisition, the department shall not approve acquisition of the resource unless the acquisition is approved by the committee.
(b) The secretary chief information officer shall promptly notify the joint committee on finance in writing of the proposed acquisition of any information technology resource that the department considers major or that is likely to result in a substantive change in service, and that was not considered in the regular budgeting process and is to be financed from program revenues or corresponding revenues from program receipts in a segregated fund.
16,358
Section
358. 16.971 (4) of the statutes is renumbered 22.03 (4).
16,358m
Section
358m. 16.971 (6) of the statutes is renumbered 22.03 (6).
16,359
Section
359. 16.971 (9) of the statutes is renumbered 22.03 (9) and amended to read:
22.03 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division department of electronic government may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 20.530 (1) (ja), (kp) and (kq). The division department of electronic government shall annually report to the legislature under s. 13.172 (2) concerning the division's department's efforts to improve and increase the efficiency of integration of justice information systems.
16,360
Section
360. 16.971 (11) of the statutes is renumbered 22.03 (11) and amended to read:
22.03 (11) The division department may charge executive branch agencies for information technology development and management services provided to them by the division department under this section.
16,361
Section
361. 16.973 (title) of the statutes is renumbered 22.05 (title) and amended to read:
22.05 (title) Powers of the division of information technology services department.
16,362
Section
362. 16.973 (1) (intro.) and (b) to (d) of the statutes are renumbered 22.05 (1) (intro.) and (b) to (d).
16,363
Section
363. 16.973 (1) (a) of the statutes is renumbered 22.05 (1) (ag).
16,364
Section
364. 16.973 (2) (intro.) and (a) to (d) of the statutes are renumbered 22.05 (2) (intro.) and (a) to (d) and amended to read:
22.05 (2) (intro.) The division of information technology services department may:
(a) Provide such telecommunications services to agencies as the division department considers to be appropriate.
(b) Provide such computer services and telecommunications services to local governmental units and the broadcasting corporation and provide such telecommunications services to qualified private schools, postsecondary institutions, museums and zoos, as the division department considers to be appropriate and as the
division department can efficiently and economically provide. The division department may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The division department may charge local governmental units, the broadcasting corporation, and qualified private schools, postsecondary institutions, museums and zoos, for services provided to them under this paragraph in accordance with a methodology determined by the secretary chief information officer. Use of telecommunications services by a qualified private school or postsecondary institution shall be subject to the same terms and conditions that apply to a municipality using the same services. The division department shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.
(c) Provide such supercomputer services to agencies, local governmental units and entities in the private sector as the division department considers to be appropriate and as the division department can efficiently and economically provide. The division department may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The division department may charge agencies, local governmental units and entities in the private sector for services provided to them under this paragraph in accordance with a methodology determined by the secretary chief information officer.
(d) Undertake such studies, contract for the performance of such studies, and appoint such councils and committees for advisory purposes as the division
department considers appropriate to ensure that the division's department's plans, capital investments and operating priorities meet the needs of state government and of agencies and of local governmental units and entities in the private sector served by the division department. The division department may compensate members of any council or committee for their services and may reimburse such members for their actual and necessary expenses incurred in the discharge of their duties.
16,365
Section
365. 16.973 (2) (e) of the statutes is renumbered 22.05 (2) (e).
16,366
Section
366. 16.974 (intro.) of the statutes is amended to read:
16.974 Duties of the division of information technology services department. (intro.) The division of information technology services department shall:
16,367
Section
367. 16.974 (1) of the statutes is renumbered 22.07 (1) and amended to read:
22.07 (1) Provide or contract with a public or private entity to provide computer services to agencies. The division department may charge agencies for services provided to them under this subsection in accordance with a methodology determined by the secretary chief information officer.
16,368
Section
368. 16.974 (3) of the statutes is renumbered 22.07 (3).
16,369
Section
369. 16.974 (4) to (6) of the statutes are renumbered 22.07 (4) to (6) and amended to read:
22.07 (4) Ensure responsiveness to the needs of agencies for delivery of high-quality information technology processing services on an efficient and economical basis, while not unduly affecting the privacy of individuals who are the subjects of the information being processed by the division department.
(5) Utilize all feasible technical means to ensure the security of all information submitted to the division department for processing by agencies, local governmental units and entities in the private sector.
(6) With the advice of the ethics board, adopt and enforce standards of ethical conduct applicable to its paid consultants which are similar to the standards prescribed in subch. III of ch. 19, except that the division
department shall not require its paid consultants to file statements of economic interests.
16,370
Section
370. 16.974 (7) (a) of the statutes is renumbered 16.974 (1) and amended to read:
16.974 (1) Coordinate with the technology for educational achievement in Wisconsin board to provide secured correctional facilities, as defined in s. 44.70 (3r), school districts and cooperative educational service agencies with telecommunications access under s. 44.73 and contract with telecommunications providers to provide such access.
16,371b
Section 371b. 16.974 (7) (b) to (d) of the statutes are renumbered 16.974 (2) to (4)
, and 16.974 (4), as renumbered, is amended to read:
