Amendment ASA1-SB55

SB55-ASA1,62,25 16.72 (8) The division of information technology services of the department may purchase educational technology materials, supplies, equipment or contractual services from orders placed with the department by the technology for educational achievement in Wisconsin board on behalf of school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System.

SB55-ASA1, s. 107 Section 107. 16.75 (1) (a) 1. of the statutes is amended to read:

SB55-ASA1,63,10 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), and (9) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), and 287.15 (7) and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

SB55-ASA1, s. 108 Section 108. 16.75 (3t) (a) of the statutes is amended to read:

SB55-ASA1,63,13 16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 16.97 22.01 (5p).

SB55-ASA1, s. 109 Section 109. 16.75 (3t) (c) (intro.) of the statutes is amended to read:

SB55-ASA1,64,6 16.75 (3t) (c) (intro.) The department of corrections shall periodically provide to the department of administration a current list of all materials, supplies, equipment or contractual services, excluding commodities, that are supplied by prison industries, as created under s. 303.01. The department of administration shall distribute the list to all designated purchasing agents under s. 16.71 (1). Prior Except as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed proposals with respect to the purchase of any materials, supplies, equipment or contractual services enumerated in the list, the department of administration or any other designated purchasing agent under s. 16.71 (1) shall offer prison industries the opportunity to supply the materials, supplies, equipment or contractual services if the department of corrections is able to provide them at a price comparable to one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications, provided the specifications are written in accordance with s. 16.72 (2) (d). If the department of administration or other purchasing agent is unable to determine whether the price of prison industries is comparable, it may solicit bids or competitive proposals before awarding the order or contract. This paragraph does not apply to the printing of the following forms:

SB55-ASA1, s. 110 Section 110. 16.75 (6) (am) 1. of the statutes is repealed.

SB55-ASA1, s. 111 Section 111. 16.75 (6) (am) 2. of the statutes is renumbered 16.75 (6) (am) and amended to read:

SB55-ASA1,64,15 16.75 (6) (am) Subsections (1) and (3t) do not apply to major procurements by the department of electronic government. Annually not later than October 1, the department of electronic government shall report to the department of administration, in the form specified by the secretary, concerning all procurements by the department of electronic government during the preceding fiscal year that were not made in accordance with the requirements of subs. (1) and (3t).

SB55-ASA1, s. 112 Section 112. 16.751 (1) of the statutes is repealed.

SB55-ASA1, s. 113 Section 113. 16.751 (2) of the statutes is renumbered 16.751 and amended to read:

SB55-ASA1,64,22 16.751 Information technology purchases by investment board. The requirements of ss. 16.72 (2) (b) and (d) and 16.75 (1) (a) 1. and (2m) (g) do not apply to procurements authorized to be made by the investment board under s. 16.78 (1) for information technology purposes.

SB55-ASA1, s. 114 Section 114. 16.752 (12) (i) of the statutes is amended to read:

SB55-ASA1,64,25 16.752 (12) (i) Paragraph (a) does not apply to major procurements, as defined in s. 16.75 (6) (am) by the department of electronic government.

SB55-ASA1, s. 115 Section 115. 16.765 (1) of the statutes is amended to read:

SB55-ASA1,65,10 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m) or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB55-ASA1, s. 116 Section 116. 16.765 (2) of the statutes is amended to read:

SB55-ASA1,66,2 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

SB55-ASA1, s. 117 Section 117. 16.765 (4) of the statutes is amended to read:

SB55-ASA1,66,7 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

SB55-ASA1, s. 118 Section 118. 16.765 (5) of the statutes is amended to read:

SB55-ASA1,66,21 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

SB55-ASA1, s. 119 Section 119. 16.765 (6) of the statutes is amended to read:

SB55-ASA1,67,4 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority 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 for processing in accordance with the department's procedures.

SB55-ASA1, s. 120 Section 120. 16.765 (7) (intro.) of the statutes is amended to read:

SB55-ASA1,67,12 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:

SB55-ASA1, s. 121 Section 121. 16.765 (7) (d) of the statutes is amended to read:

SB55-ASA1,67,18 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.

SB55-ASA1, s. 122 Section 122. 16.765 (8) of the statutes is amended to read:

SB55-ASA1,68,5 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.

SB55-ASA1, s. 123 Section 123. 16.78 of the statutes is amended to read:

SB55-ASA1,68,24 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.

SB55-ASA1,69,4 (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).

SB55-ASA1, s. 124 Section 124. 16.80 of the statutes is renumbered 22.19.

SB55-ASA1, s. 125 Section 125. 16.838 (1) (b) of the statutes is amended to read:

SB55-ASA1,69,8 16.838 (1) (b) "Authority" means a body created under ch. 231, 232, 233, 234 or, 235, or 237.

SB55-ASA1, s. 126 Section 126. 16.84 (14) of the statutes is amended to read:

SB55-ASA1,69,12 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).

SB55-ASA1, s. 127 Section 127. 16.845 (1) of the statutes is amended to read:

SB55-ASA1,70,6 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.

SB55-ASA1, s. 128 Section 128. 16.847 (1) (a) of the statutes is repealed.

SB55-ASA1, s. 129 Section 129. 16.847 (2) to (7) of the statutes are repealed.

SB55-ASA1, s. 130 Section 130. 16.847 (8) (a) of the statutes is renumbered 16.847 (8) and amended to read:

SB55-ASA1,70,23 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.

SB55-ASA1, s. 131 Section 131. 16.847 (8) (b) of the statutes is repealed.

SB55-ASA1, s. 132 Section 132. 16.847 (9) of the statutes is repealed.

SB55-ASA1, s. 133 Section 133. 16.85 (1) of the statutes is amended to read:

SB55-ASA1,71,20 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.

SB55-ASA1, s. 134 Section 134. 16.85 (2) of the statutes is amended to read:

SB55-ASA1,72,6 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.

SB55-ASA1, s. 319m Section 319m. 16.85 (6) of the statutes is amended to read:

SB55-ASA1,72,11 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.

SB55-ASA1, s. 135 Section 135. 16.85 (16) of the statutes is created to read:

SB55-ASA1,72,17 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.

SB55-ASA1, s. 321m Section 321m. 16.855 (19) of the statutes is amended to read:

SB55-ASA1,73,10 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.

SB55-ASA1, s. 136 Section 136. 16.865 (8) of the statutes is amended to read:

SB55-ASA1,73,25 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.

SB55-ASA1, s. 322e Section 322e. 16.87 (2) of the statutes is amended to read:

SB55-ASA1,74,8 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).

SB55-ASA1, s. 322g Section 322g. 16.87 (3) of the statutes is amended to read:

SB55-ASA1,74,19 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.

SB55-ASA1, s. 322i Section 322i. 16.87 (5) of the statutes is repealed.

SB55-ASA1, s. 137 Section 137. 16.957 (2) (a) (intro.) of the statutes is amended to read:

SB55-ASA1,75,2 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:

SB55-ASA1, s. 138 Section 138. 16.957 (2) (b) 1. of the statutes is amended to read:

SB55-ASA1,75,6 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:

SB55-ASA1,75,13 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.

SB55-ASA1,75,19 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.

SB55-ASA1, s. 328g Section 328g. 16.964 (4) of the statutes is amended to read:

SB55-ASA1,76,3 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.

SB55-ASA1, s. 139 Section 139. 16.965 (2) of the statutes is amended to read:

SB55-ASA1,76,22 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. 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).

SB55-ASA1, s. 140 Section 140. 16.9651 (1) of the statutes is renumbered 16.9651 (1) (intro.) and amended to read:

SB55-ASA1,76,25 16.9651 (1) (intro.) In this section, "local:

SB55-ASA1,77,3 (b) "Local governmental unit" means a county, city, village, town or, regional planning commission, or metropolitan planning organization, as defined in s. 85.243 (1) (c).

SB55-ASA1, s. 141 Section 141. 16.9651 (1) (a) of the statutes is created to read:

SB55-ASA1,77,9 16.9651 (1) (a) "Highway corridor" means the area up to 10 miles on either side of a state trunk highway that is identified in a transportation planning process by the department of transportation to need additional capacity for vehicular traffic or to have possible safety or operational problems resulting from pressure for development adjacent to the highway.

SB55-ASA1, s. 142 Section 142. 16.9651 (2) of the statutes is renumbered 16.9651 (2) (intro.) and amended to read:

SB55-ASA1,77,14 16.9651 (2) (intro.) From the appropriation under s. 20.505 (1) (z), the department may provide grants to local governmental units to be used to for any of the following:

SB55-ASA1,77,20 (a) To finance the cost of planning activities related to the transportation element, as described in s. 66.0295 66.1001 (2) (c), of a comprehensive plan, as defined in s. 66.0295 66.1001 (1) (a), 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.

SB55-ASA1,78,2 (4) The department may require any local governmental unit that receives a grant under this section to finance not more than 25% of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. Prior to awarding a grant under this section, the department shall forward a detailed statement of the proposed expenditures to be made under the grant to the secretary of transportation and obtain his or her written approval of the proposed expenditures.

SB55-ASA1, s. 143 Section 143. 16.9651 (2) (b) of the statutes is created to read:

SB55-ASA1,78,7 16.9651 (2) (b) To assist local governmental units in the integrated transportation and land-use planning for highway corridors. All highway corridor planning activities shall be coordinated with any adopted state, regional, or local plan. Activities under this subsection may include any of the following:

SB55-ASA1,78,8 1. Identifying existing zoning and land-use issues.

SB55-ASA1,78,9 2. Identifying existing and planned transportation facilities and services.

SB55-ASA1,78,10 3. Analyzing future transportation needs.

SB55-ASA1,78,11 4. Identifying areas for future development.