AB144: Bill Text

AB144, s. 305 Section 305. 16.765 (7) (d) of the statutes is amended to read:

AB144,249,6 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.

AB144, s. 306 Section 306. 16.765 (8) of the statutes is amended to read:

AB144,249,18 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.

AB144, s. 307 Section 307. 16.78 of the statutes is amended to read:

AB144,250,10 16.78 Purchases from division of information technology services department of electronic government. (1) Every executive branch 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.

AB144,250,14 (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).

AB144, s. 308 Section 308. 16.80 of the statutes is renumbered 22.19.

AB144, s. 309 Section 309. 16.836 of the statutes is repealed.

AB144, s. 310 Section 310. 16.838 (1) (b) of the statutes is amended to read:

AB144,250,19 16.838 (1) (b) "Authority" means a body created under ch. 231, 232, 233, 234, or 235 237.

AB144, s. 311 Section 311. 16.84 (14) of the statutes is amended to read:

AB144,250,23 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).

AB144, s. 312 Section 312. 16.845 (1) of the statutes is amended to read:

AB144,251,18 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.

AB144, s. 313 Section 313. 16.847 (1) (a) of the statutes is repealed.

AB144, s. 314 Section 314. 16.847 (2) to (7) of the statutes are repealed.

AB144, s. 315 Section 315. 16.847 (8) (a) of the statutes is renumbered 16.847 (8) and amended to read:

AB144,252,10 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.

AB144, s. 316 Section 316. 16.847 (8) (b) of the statutes is repealed.

AB144, s. 317 Section 317. 16.847 (9) of the statutes is repealed.

AB144, s. 318 Section 318. 16.85 (1) of the statutes is amended to read:

AB144,253,7 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.

AB144, s. 319 Section 319. 16.85 (2) of the statutes is amended to read:

AB144,253,18 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.

AB144, s. 320 Section 320. 16.85 (15) of the statutes is amended to read:

AB144,253,25 16.85 (15) Provide or contract for the provision of professional engineering, architectural, project management and other building construction services on behalf of school districts for the installation or maintenance of electrical and computer network wiring. The department shall assess fees for services provided under this subsection and shall credit all revenues received to the appropriation account under s. 20.505 (1) (im).

AB144, s. 321 Section 321. 16.85 (16) of the statutes is created to read:

AB144,254,6 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.

AB144, s. 322 Section 322. 16.865 (8) of the statutes is amended to read:

AB144,254,21 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 235 237.

AB144, s. 323 Section 323. 16.956 of the statutes is created to read:

AB144,255,4 16.956 Stray voltage and electrical wiring assistance. (1) From the appropriation under s. 20.505 (1) (q), the department shall award grants to operators of dairy, beef, or swine farms for the purpose of eliminating potential stray voltage concerns and sources and replacing electrical wiring. A farm operator is not eligible to receive a grant under this subsection unless the public utility that provides electric service to the farm has conducted tests to determine the sources of stray voltage on the farm.

AB144,255,7 (2) The department shall promulgate rules establishing criteria and procedures for awarding grants under sub. (1), including procedures for assuring that any work is completed in accordance with acceptable practices.

AB144, s. 324 Section 324. 16.957 (2) (a) (intro.) of the statutes is amended to read:

AB144,255,14 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:

AB144, s. 325 Section 325. 16.957 (2) (b) 1. of the statutes is amended to read:

AB144,255,18 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:

AB144,255,25 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.

AB144,256,6 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.

AB144, s. 326 Section 326. 16.963 of the statutes is created to read:

AB144,256,9 16.963 Education evaluation and accountability. (1) Definition. In this section, "board" means the board on education evaluation and accountability.

AB144,256,10 (2) Duties. The board shall do all of the following:

AB144,256,12 (a) Appoint an executive director outside the classified service to serve at its pleasure.

AB144,256,14 (b) Administer the pupil assessment program under s. 118.30 and develop a standardized reading test for use under s. 121.02 (1) (r).

AB144,256,16 (c) Arrange for an evaluation of the student achievement guarantee program under s. 118.43 (7).

AB144,256,18 (d) Administer the school performance and educational program review program under s. 115.38.

AB144,256,22 (3) Powers. The board may conduct a longitudinal study of the Milwaukee parental choice program under s. 119.23 if the board receives sufficient funds from private sources to do so. If the board conducts a study, it shall report the results to the legislature under s. 13.172 (2) and to the governor.

AB144, s. 327 Section 327. 16.964 (1) of the statutes is renumbered 16.964 (1g).

AB144, s. 328 Section 328. 16.964 (2) of the statutes is amended to read:

AB144,257,4 16.964 (2) All persons in charge of law enforcement agencies and other criminal and juvenile justice system agencies shall supply the office with the information described in sub. (1) (1g) (g) on the basis of the forms or instructions or both to be supplied by the office under sub. (1) (1g) (g).

AB144, s. 329 Section 329. 16.964 (6) (a) of the statutes is renumbered 16.964 (1d) and amended to read:

AB144,257,8 16.964 (1d) In this subsection section, "tribe" means a federally recognized American Indian tribe or band in this state.

AB144, s. 330 Section 330. 16.964 (6) (b) of the statutes is amended to read:

AB144,257,17 16.964 (6) (b) From the appropriation under s. 20.505 (6) (ks) (kq), the office shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the office that includes a proposed plan for expenditure of the grant moneys. The office shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (c). The office shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.

AB144, s. 331 Section 331. 16.964 (7) of the statutes is repealed and recreated to read:

AB144,258,4 16.964 (7) (a) From the appropriation under s. 20.505 (6) (kq), the office of justice assistance shall provide grants for cooperative county-tribal law enforcement services to counties that have one or more federally recognized American Indian reservations within or partially within their boundaries or that border on one or more federally recognized American Indian reservations. In order to receive aid under this subsection, a county must enter into an agreement in accordance with s. 59.54 (12) with an Indian tribe that is located in or borders on the county, to establish a cooperative county-tribal law enforcement program. The office shall consider a request for aid under this subsection from any county that meets the eligibility criteria established under this paragraph and that submits to the office a proposal for expenditure of grant moneys.

AB144,258,6 (b) The office may require that a county include the following in its proposal for aid under this subsection:

AB144,258,8 1. A description of any cooperative county-tribal law enforcement program or law enforcement service for which the county requests funding.

AB144,258,10 2. A description of the population and geographic area that the county proposes to serve.

AB144,258,12 3. The county's need for funding under this subsection and the amount of funding requested.

AB144,258,15 4. Identification of the county governmental unit that shall administer any aid received under this subsection and a description of how that governmental unit shall disburse any aid received under this subsection.

AB144,258,17 5. Any information, other than that in subds. 1. to 4., that is required by the office or considered relevant by the county submitting the application.

AB144,258,20 (c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding s. 227.10 (1), the criteria and procedures need not be promulgated as rules under ch. 227.

AB144, s. 332 Section 332. 16.965 (2) of the statutes is amended to read:

AB144,259,14 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).

AB144, s. 333 Section 333. 16.965 (3) of the statutes, as affected by 1999 Wisconsin Act 9, section 110p, is repealed and recreated to read:

AB144,259,20 16.965 (3) Prior to awarding a grant to a local governmental unit under sub. (2), the department shall forward a statement of the expenditures proposed to be made under the grant to the Wisconsin land council for its recommendation concerning approval.

AB144, s. 334 Section 334. 16.965 (5) of the statutes, as affected by 1999 Wisconsin Act 9, section 110t, is repealed and recreated to read:

AB144,259,25 16.965 (5) The department may promulgate rules specifying the methodology whereby precedence will be accorded to applications in awarding grants under sub. (2).

AB144, s. 335 Section 335. 16.9651 (1) of the statutes is renumbered 16.9651 (1) (intro.) and amended to read:

AB144,260,3 16.9651 (1) (intro.) In this section, "local:

AB144,260,6 (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).

AB144, s. 336 Section 336. 16.9651 (1) (a) of the statutes is created to read:

AB144,260,12 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.

AB144, s. 337 Section 337. 16.9651 (2) of the statutes is renumbered 16.9651 (2) (intro.) and amended to read:

AB144,260,17 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:

AB144,260,23 (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.

AB144,261,7 (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 expenditures to be made under the grant to the Wisconsin land council for its recommendation concerning approval. The department shall also 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.

AB144, s. 338 Section 338. 16.9651 (2) (b) of the statutes is created to read:

AB144,261,12 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:

AB144,261,13 1. Identifying existing zoning and land-use issues.

AB144,261,14 2. Identifying existing and planned transportation facilities and services.

AB144,261,15 3. Analyzing future transportation needs.

AB144,261,16 4. Identifying areas for future development.