(a) In this subsection, "state agency" means an association, authority, board,
department, commission, independent agency, institution, office, society, or other body in
state government created or authorized to be created by the constitution or any law,
including the legislature, the office of the governor, and the courts, but excluding the
University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan Authority, and the Fox River
Navigational System Authority.
Note: There is no conflict of substance. As merged by the revisor, s. 16.045 (1) (a)
reads:
(a) "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, that is entitled to expend moneys
appropriated by law, including the legislature and the courts, but not including an
authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234,
235, or 237.
SB301, s. 11
3Section
11. 16.22 (2) (k) of the statutes is amended to read:
SB301,4,74
16.22
(2) (k) Coordinate its activities with the activities of the corporation
, the
5federal ACTION agency established under 42 USC 5041 and any state agency that
6administers federal financial assistance under
42 USC 9901 to
9912 or any other
7federal financial assistance program with which coordination would be appropriate.
Note: Section
42 USC 5041 was repealed by P.L.
103-82, which provided that the
functions of the ACTION agency be transferred to the corporation.
SB301,4,1510
16.25
(5) The board shall establish by rule a process by which a volunteer fire
11fighter, first
provider responder, or emergency medical technician may appeal to the
12board any decision made by the department or by an individual or organization
13under contract with the board under sub. (4) that affects a substantial interest of the
14volunteer fire fighter, first responder, or emergency medical technician under the
15program.
Note: Inserts correct terminology.
Note: There is no conflict of substance. As merged by the revisor, s. 16.41 (4) reads:
(4) In this section, "authority" means a body created under subch. II of ch. 114 or
subch. III of ch. 149 or under ch. 231, 233, 234, or 237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.52 (7) reads:
(7) Petty cash account. With the approval of the secretary, each agency that is
authorized to maintain a contingent fund under s. 20.920 may establish a petty cash
account from its contingent fund. The procedure for operation and maintenance of petty
cash accounts and the character of expenditures therefrom shall be prescribed by the
secretary. 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, that is entitled to
expend moneys appropriated by law, including the legislature and the courts, but not
including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231,
233, 234, or 237.
SB301, s. 15
5Section
15. 16.526 (2) of the statutes is amended to read:
SB301,5,146
16.526
(2) The net proceeds of revenue obligations issued under subch. II of ch.
718, as authorized under this section, shall be deposited in a fund in the state treasury,
8or an account maintained by a trustee, created under s. 18.57 (1). The moneys shall
9be applied for ancillary payments and for the provision of reserves, as determined
10by the building commission, and for the payment of part or all of the state's unfunded
11prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under
12s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, as determined by the
13department, and any remainder shall be paid into a retirement liability obligation
14redemption fund created under
s. 18.562 (3).
Note: Inserts missing "s." The change is in the printed statutes.
Note: There is no conflict of substance. As merged by the revisor, s. 16.528 (1) (a)
reads:
(a) "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, that is entitled to expend moneys
appropriated by law, including the legislature and the courts, but not including an
authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or
237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.53 (2) reads:
(2) Improper invoices. If an agency receives an improperly completed invoice, the
agency shall notify the sender of the invoice within 10 working days after it receives the
invoice of the reason it is improperly completed. 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, that is entitled to expend moneys appropriated by law, including
the legislature and the courts, but not including an authority created in subch. II of ch.
114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.54 (9) (a)
1. reads:
1. "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 subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or
237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.70 (2) reads:
(2) "Authority" means a body created under subch. II of ch. 114 or subch. III of ch.
149 or under ch. 231, 232, 233, 234, 235, or 237.
SB301,7,119
16.75
(1m) The department shall award each order or contract for materials,
10supplies or equipment on the basis of life cycle cost estimates, whenever such action
1is appropriate. Each authority other than the University of Wisconsin Hospitals and
2Clinics Authority
and, the Wisconsin Aerospace Authority
, and the Health Insurance
3Risk-Sharing Plan Authority shall award each order or contract for materials,
4supplies or equipment on the basis of life cycle cost estimates, whenever such action
5is appropriate. The terms, conditions and evaluation criteria to be applied shall be
6incorporated in the solicitation of bids or proposals. The life cycle cost formula may
7include, but is not limited to, the applicable costs of energy efficiency, acquisition and
8conversion, money, transportation, warehousing and distribution, training,
9operation and maintenance
, and disposition or resale. The department shall prepare
10documents containing technical guidance for the development and use of life cycle
11cost estimates, and shall make the documents available to local governmental units.
Note: Corrects punctuation.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (1)
reads:
(1) Contracting agencies, the University of Wisconsin Hospitals and Clinics
Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan 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.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (2)
reads:
(2) Contracting agencies, the University of Wisconsin Hospitals and Clinics
Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan 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".
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (4)
reads:
(4) Contracting agencies, the University of Wisconsin Hospitals and Clinics
Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan Authority, and the Bradley Center
Sports and Entertainment Corporation shall take appropriate action to revise the
standard government contract forms under this section.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (5)
reads:
(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, the Wisconsin Aerospace Authority, the Health Insurance
Risk-Sharing Plan 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, the Wisconsin Aerospace Authority, the Health Insurance
Risk-Sharing Plan 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.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (6)
reads:
(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, the Wisconsin
Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, or the Bradley
Center Sports and Entertainment Corporation for processing in accordance with the
department's procedures.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (7)
(intro.) reads:
(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, the Wisconsin Aerospace
Authority, the Health Insurance Risk-Sharing Plan 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,
the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
or the Bradley Center Sports and Entertainment Corporation shall:
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (7) (d)
reads:
(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, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
Authority, or the Bradley Center Sports and Entertainment Corporation.
Note: There is no conflict of substance. As merged by the revisor, s. 16.765 (8)
reads:
(8) If further violations of this section are committed during the term of the
contract, the contracting agency, the Fox River Navigational System Authority, the
Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan 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, the Wisconsin
Aerospace Authority, the Health Insurance Risk-Sharing Plan 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, the Wisconsin Aerospace Authority, the
Health Insurance Risk-Sharing Plan 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.
Note: There is no conflict of substance. As merged by the revisor, s. 16.85 (2) reads:
(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 subch. II of ch. 114 or subch. III of ch.
149 or in ch. 231, 233, 234, or 237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.865 (8)
reads:
(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, that is entitled to expend moneys appropriated by law, including the
legislature and the courts, but not including an authority created in subch. II of ch. 114
or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, or 237.
Note: There is no conflict of substance. As merged by the revisor, s. 16.997 (2) (b)
reads:
(b) Establish eligibility requirements for an educational agency to participate in
the program established under sub. (1) and to receive additional telecommunications
access under s. 16.998, including a requirement that a charter school sponsor use data
lines and video links to benefit pupils attending the charter school and a requirement that
Internet access to material that is harmful to children, as defined in s. 948.11 (1) (b), is
blocked on the computers of juvenile correctional facilities that are served by data links
and video links subsidized under this section.
Note: There is no conflict of substance. As merged by the revisor, s. 16.997 (2) (f)
reads:
(f) Ensure that juvenile correctional facilities that receive access under this section
to data lines and video links or that receive additional access under s. 16.998 to data lines,
video links, and bandwidth use those data lines and video links and that bandwidth only
for educational purposes.
SB301,11,95
19.36
(13) Financial identifying information. An authority shall not provide
6access to personally identifiable data that contains an individual's account or
7customer number with a financial institution, as defined in s.
895.505 134.97 (1) (b),
8including credit card numbers, debit card numbers, checking account numbers, or
9draft account numbers, unless specifically required by law.
Note: Corrects cross-reference. Section 895.505 was renumbered to s. 134.97 by
2005 Wis. Act 155.
SB301,11,1512
20.370
(4) (kr)
Commercial fish protection and Great Lakes resource
13surcharges. All moneys received from commercial fish protection surcharges under
14s. 29.984 and from Great Lakes resource surcharges under s.
29.99 29.9905 for
15research relating to Great Lakes fish.
Note: Section 29.99, as created by
2005 Wis. Act 288, is renumbered to s. 29.9905
by this bill.
SB301,11,1918
20.380
(1) (ig)
Golf promotion. All moneys received under s. 341.14 (6r) (b)
9. 199m. a. for the purpose of promoting golf in this state.
Note: Section 341.14 (6r) (b) 9., as created by
2005 Wis. Act 260, is renumbered
s. 341.14 (6r) (b) 9m. by this bill.
SB301,12,53
20.380
(1) (ir)
Payments to the WPGA Junior Foundation. All moneys received
4under s. 341.14 (6r) (b)
9. 9m. b. for payments to the WPGA Junior Foundation, Inc.
5under s. 41.24.
Note: Section 341.14 (6r) (b) 9., as created by
2005 Wis. Act 260, is renumbered
s. 341.14 (6r) (b) 9m. by this bill.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b).
2005 Wis. Act
25 renumbered s. 20.505 (6) (d) to s. 20.410 (3) (d).
SB301,12,1110
20.835
(2) (co)
Enterprise zone jobs credit. A sum sufficient to make the
11payments under ss. 71.07 (3w) (c) 1., 71.28 (3w) (c) 1.,
and 71.47 (3w) (c) 1.
Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). A provision
numbered 20.835 (2) (cm) previously existed. Inserts missing "and."
SB301, s. 39
12Section
39. 20.907 (5) (e) 6. of the statutes is amended to read:
SB301,12,1513
20.907
(5) (e) 6. Advances from
child caring institutions residential care
14centers for children and youth and counties and moneys receivable from counties
15under s. 46.037.