SB44: Bill Text

SB44,109,25 16.70 (2e) "Business" means a corporation, partnership, limited liability company, association, or sole proprietorship operated for profit.

SB44, s. 195 Section 195. 16.70 (3e) of the statutes is created to read:

SB44,110,3 16.70 (3e) "Control" means to own, directly or indirectly, more than 10% of the interest in or voting securities of a business.

SB44, s. 196 Section 196. 16.70 (3m) of the statutes is amended to read:

SB44,110,6 16.70 (3m) "Educational technology" has the meaning given in s. 44.70 115.997 (3).

SB44, s. 197 Section 197. 16.70 (4m) of the statutes is amended to read:

SB44,110,9 16.70 (4m) "Information technology" has the meaning given in s. 22.01 16.97 (6).

SB44, s. 198 Section 198. 16.70 (15) of the statutes is amended to read:

SB44,110,11 16.70 (15) "Telecommunications" has the meaning given in s. 22.01 16.97 (10).

SB44, s. 199 Section 199. 16.70 (16) of the statutes is created to read:

SB44,110,16 16.70 (16) "Voting securities" means securities that confer upon the holder the right to vote for the election of members of the board of directors or similar governing body of a business, or are convertible into, or entitle the holder to receive upon their exercise, securities that confer such a right to vote.

SB44, s. 200 Section 200. 16.705 (1m) of the statutes is amended to read:

SB44,110,20 16.705 (1m) Subsection (1) does not apply to contracts entered into by the volunteer fire fighter and emergency medical technician service award board under s. 16.25 560.9813 (4) (b).

SB44, s. 201 Section 201. 16.705 (3) (intro.) of the statutes is amended to read:

SB44,111,2 16.705 (3) (intro.) Contracts for contractual services shall be submitted by the department for the review and approval of the The secretary of employment relations prior to award, under conditions established by rule of the department. The secretary of employment relations, shall review such contracts for contractual services in order to ensure that agencies:

SB44, s. 202 Section 202. 16.71 (1m) of the statutes is amended to read:

SB44,111,15 16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the chief information officer department. The department shall not delegate to any executive branch agency the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to telecommunications prior to review and approval of the contract by the department. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract for which review is required under this subsection without review and approval of the contract by the chief information officer department.

SB44, s. 203 Section 203. 16.71 (2m) of the statutes is repealed.

SB44, s. 204 Section 204. 16.71 (4) of the statutes is amended to read:

SB44,112,2 16.71 (4) With the approval of the department of electronic government Upon request of the department of public instruction, the department of administration shall delegate authority to the technology for educational achievement in Wisconsin board department of public instruction to make purchases of educational technology equipment for use by school districts, cooperative educational service agencies, and public educational institutions in this state, upon request of the board and to enter into cooperative purchasing agreements under s. 16.73 (1) under which participating school districts and cooperative educational service agencies may contract for their professional employees to receive training concerning the effective use of educational technology.

SB44, s. 205 Section 205. 16.71 (5) of the statutes is amended to read:

SB44,112,6 16.71 (5) The department shall delegate authority to the volunteer fire fighter and emergency medical technician service award board to enter into contracts under s. 16.25 560.9813 (4) (b).

SB44, s. 206 Section 206. 16.72 (2) (a) of the statutes is amended to read:

SB44,112,19 16.72 (2) (a) The department of administration shall prepare standard specifications, as far as possible, for all state purchases. By "standard specifications" is meant a specification, either chemical or physical or both, prepared to describe in detail the article which the state desires to purchase, and trade names shall not be used. On the formulation, adoption and modification of any standard specifications, the department of administration shall also seek and be accorded without cost, the assistance, advice and cooperation of other agencies and officers. Each specification adopted for any commodity shall, insofar as possible, satisfy the requirements of any and all agencies which use it in common. Any specifications for the purchase of materials, supplies, equipment, or contractual services for information technology or telecommunications purposes are subject to the approval of the chief information officer.

SB44, s. 207 Section 207. 16.72 (2) (b) of the statutes is amended to read:

SB44,113,6 16.72 (2) (b) Except as provided in par. (a) and ss. 16.25 (4) (b), 16.751 and , 560.9813 (4) (b), and 565.25 (2) (a) 4., the department shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such "nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or by its programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.

SB44, s. 208 Section 208. 16.72 (4) (a) of the statutes is amended to read:

SB44,113,18 16.72 (4) (a) Except as provided in ss. 16.71 and 16.74 or as otherwise provided in this subchapter and the rules promulgated under s. 16.74 and this subchapter, all supplies, materials, equipment and contractual services shall be purchased for and furnished to any agency only upon requisition to the department. The department shall prescribe the form, contents, number and disposition of requisitions and shall promulgate rules as to time and manner of submitting such requisitions for processing. No agency or officer may engage any person to perform contractual services without the specific prior approval of the department for each such engagement. Purchases of supplies, materials, equipment or contractual services by the department of electronic government, the legislature, the courts or legislative service or judicial branch agencies do not require approval under this paragraph.

SB44, s. 209 Section 209. 16.72 (4) (b) of the statutes is amended to read:

SB44,114,3 16.72 (4) (b) The department shall promulgate rules for the declaration as surplus of supplies, materials and equipment in any agency and for the transfer to other agencies or for the disposal by private or public sale of supplies, materials and equipment. In either case due credit shall be given to the agency releasing the same , the department shall deposit the net proceeds in the budget stabilization fund, except that the department shall transfer any supplies, materials or equipment declared to be surplus to the department of tourism, upon request of the department of tourism, at no cost, if the transfer is permitted by the agency having possession of the supplies, materials or equipment.

SB44, s. 210 Section 210. 16.72 (8) of the statutes is amended to read:

SB44,114,10 16.72 (8) The department may purchase educational technology materials, supplies, equipment, or contractual services from orders placed with the department by the technology for educational achievement in Wisconsin board department of public instruction on behalf of school districts, cooperative educational service agencies, technical college districts, and the board of regents of the University of Wisconsin System.

SB44, s. 211 Section 211. 16.75 (1) (a) 1. of the statutes is amended to read:

SB44,114,20 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 (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), and 287.15 (7), 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.

SB44, s. 212 Section 212. 16.75 (3t) (a) of the statutes is amended to read:

SB44,114,23 16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 22.01 16.97 (5p).

SB44, s. 213 Section 213. 16.75 (6) (am) of the statutes is amended to read:

SB44,115,8 16.75 (6) (am) Subsections (1) and (3t) do not apply to procurements by the department of electronic government department relating to information technology or telecommunications. Annually not later than October 1, the department of electronic government shall report to the department of administration governor, in the form specified by the secretary governor, concerning all procurements relating to information technology or telecommunications by the department of electronic government department during the preceding fiscal year that were not made in accordance with the requirements of subs. (1) and (3t).

SB44, s. 214 Section 214. 16.75 (10m) of the statutes is created to read:

SB44,115,15 16.75 (10m) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority shall not enter into any contract or order for the purchase of materials, supplies, equipment, or contractual services with a person if the name of the person, or the name of an affiliate of that person, is certified to the department by the secretary of revenue under s. 77.66.

SB44, s. 215 Section 215. 16.752 (12) (i) of the statutes is amended to read:

SB44,115,18 16.752 (12) (i) Paragraph (a) does not apply to procurements by the department of electronic government relating to information technology or telecommunications.

SB44, s. 216 Section 216. 16.78 (title) of the statutes is amended to read:

SB44,115,21 16.78 (title) Purchases from department of electronic government relating to information technology or telecommunications .

SB44, s. 217 Section 217. 16.78 (1) of the statutes is renumbered 16.78 (1) (a) and amended to read:

SB44,116,6 16.78 (1) (a) Every Except as authorized in par. (b), every agency other than the board of regents of the University of Wisconsin System or an agency making purchases under s. 16.74 shall make all purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department of electronic government, unless. Except as authorized in par. (b), every agency except an agency making purchases under s. 16.74 shall make all purchases of materials, supplies, equipment, and contractual services relating to telecommunications from the department.

SB44,116,16 (b) Paragraph (a) does not apply if the 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 16.972 (2) (h), or grants written authorization to the agency to procure the materials, supplies, equipment, or contractual services under s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual services from another agency or to provide the materials, supplies, equipment, or contractual services to itself. The board of regents of the University of Wisconsin System may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department of electronic government.

SB44, s. 218 Section 218. 16.78 (2) of the statutes is amended to read:

SB44,116,20 16.78 (2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of materials, supplies, equipment, or contractual services by any agency from the department of electronic government under sub. (1) (a).

SB44, s. 219 Section 219. 16.836 of the statutes is repealed.

SB44, s. 220 Section 220. 16.84 (14) of the statutes is amended to read:

SB44,116,25 16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1) (1e). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kb).

SB44, s. 221 Section 221. 16.841 (1) (a) of the statutes is amended to read:

SB44,117,2 16.841 (1) (a) "Agency" has the meaning given in s. 16.70 (1) (1e).

SB44, s. 222 Section 222. 16.855 (16) (b) 1. of the statutes is amended to read:

SB44,117,5 16.855 (16) (b) 1. In this paragraph, "agency" has the meaning given in s. 16.70 (1) (1e).

SB44, s. 223 Section 223. 16.957 (3) (a) of the statutes is amended to read:

SB44,117,10 16.957 (3) (a) The division of housing department shall, on the basis of competitive bids, contract with community action agencies described in s. 46.30 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181 or local units of government to provide services under the programs established under sub. (2) (a).

SB44, s. 224 Section 224. 16.964 (1) of the statutes is renumbered 16.964 (1g).

SB44, s. 225 Section 225. 16.964 (1g) (i) of the statutes is created to read:

SB44,117,14 16.964 (1g) (i) Apply for contracts and receive and expend any moneys or grant from the federal government related to homeland security.

SB44, s. 226 Section 226. 16.964 (2) of the statutes is amended to read:

SB44,117,19 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).

SB44, s. 227 Section 227. 16.964 (6) (a) of the statutes is renumbered 16.964 (1d) and amended to read:

SB44,117,23 16.964 (1d) In this subsection section, "tribe" means a federally recognized American Indian tribe or band in this state.

SB44, s. 228 Section 228. 16.964 (6) (b) of the statutes is amended to read:

SB44,118,8 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.

SB44, s. 229 Section 229. 16.964 (7) of the statutes is repealed and recreated to read:

SB44,118,20 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.

SB44,118,22 (b) The office may require that a county include the following in its proposal for aid under this subsection:

SB44,118,24 1. A description of any cooperative county-tribal law enforcement program or law enforcement service for which the county requests funding.

SB44,119,2 2. A description of the population and geographic area that the county proposes to serve.

SB44,119,4 3. The county's need for funding under this subsection and the amount of funding requested.

SB44,119,7 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.

SB44,119,9 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.

SB44,119,12 (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.

SB44, s. 230 Section 230. 16.964 (9) (intro.) of the statutes is created to read:

SB44,119,15 16.964 (9) (intro.) From the appropriation under s. 20.505 (6) (p), the office shall distribute the following grants for children's community programs:

SB44, s. 231 Section 231. Subchapter VII (title) of chapter 16 [precedes 16.97] of the statutes is amended to read:

SB44,119,18 CHAPTER 16

SB44,119,21 SUBCHAPTER VII EDUCATIONAL Information TECHNOLOGY

SB44, s. 232 Section 232. 16.97 of the statutes is renumbered 16.97 (intro.) and amended to read:

SB44,119,25 16.97 Definition Definitions. (intro.) In this subchapter, "telecommunications" has the meaning given in s. 22.01 (10).:

SB44, s. 233 Section 233. 16.974 (intro.) of the statutes is repealed.

SB44, s. 234 Section 234. 16.974 (1) of the statutes is amended to read:

SB44,120,8 16.974 (1) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide secured correctional facilities, as defined in s. 44.70 115.997 (3r), school districts, and cooperative educational service agencies with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such that access.

SB44, s. 235 Section 235. 16.974 (1) to (4) of the statutes, as affected by 2003 Wisconsin Act .... (this act), are renumbered 16.971 (13) to (16).