SB301: Bill Text

Note: Inserts correct terminology.

SB301, s. 13 Section 13. The treatment of 16.41 (4) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 14 Section 14. The treatment of 16.52 (7) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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 Section 15. 16.526 (2) of the statutes is amended to read:

SB301,5,14 16.526 (2) The net proceeds of revenue obligations issued under subch. II of ch. 18, as authorized under this section, shall be deposited in a fund in the state treasury, or an account maintained by a trustee, created under s. 18.57 (1). The moneys shall be applied for ancillary payments and for the provision of reserves, as determined by the building commission, and for the payment of part or all of the state's unfunded prior service liability under s. 40.05 (2) (b) and the state's unfunded liability under s. 40.05 (4) (b), (bc), and (bw) and subch. IX of ch. 40, as determined by the department, and any remainder shall be paid into a retirement liability obligation redemption fund created under s. 18.562 (3).

Note: Inserts missing "s." The change is in the printed statutes.

SB301, s. 16 Section 16. The treatment of 16.528 (1) (a) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 17 Section 17. The treatment of 16.53 (2) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 18 Section 18. The treatment of 16.54 (9) (a) 1. of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 19 Section 19. The treatment of 16.70 (2) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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, s. 20 Section 20. 16.75 (1m) of the statutes, as affected by 2005 Wisconsin Acts 74 and 335, is amended to read:

SB301,7,11 16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority and, the Wisconsin Aerospace Authority, and the Health Insurance Risk-Sharing Plan Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance, and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

Note: Corrects punctuation.

SB301, s. 21 Section 21. The treatment of 16.765 (1) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 22 Section 22. The treatment of 16.765 (2) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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".

SB301, s. 23 Section 23. The treatment of 16.765 (4) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 24 Section 24. The treatment of 16.765 (5) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 25 Section 25. The treatment of 16.765 (6) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 26 Section 26. The treatment of 16.765 (7) (intro.) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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:

SB301, s. 27 Section 27. The treatment of 16.765 (7) (d) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 28 Section 28. The treatment of 16.765 (8) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 29 Section 29. The treatment of 16.85 (2) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 30 Section 30. The treatment of 16.865 (8) of the statutes by 2005 Wisconsin Act 74 is not repealed by 2005 Wisconsin Act 335. Both treatments stand.

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.

SB301, s. 31 Section 31. The treatment of 16.997 (2) (b) of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

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.

SB301, s. 32 Section 32. The treatment of 16.997 (2) (f) of the statutes by 2005 Wisconsin Act 25 is not repealed by 2005 Wisconsin Act 344. Both treatments stand.

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, s. 33 Section 33. 19.36 (13) of the statutes, as created by 2005 Wisconsin Act 59, is amended to read:

SB301,11,9 19.36 (13) Financial identifying information. An authority shall not provide access to personally identifiable data that contains an individual's account or customer number with a financial institution, as defined in s. 895.505 134.97 (1) (b), including credit card numbers, debit card numbers, checking account numbers, or draft 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, s. 34 Section 34. 20.370 (4) (kr) of the statutes, as created by 2005 Wisconsin Act 288, is amended to read:

SB301,11,15 20.370 (4) (kr) Commercial fish protection and Great Lakes resource surcharges. All moneys received from commercial fish protection surcharges under s. 29.984 and from Great Lakes resource surcharges under s. 29.99 29.9905 for research 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, s. 35 Section 35. 20.380 (1) (ig) of the statutes, as created by 2005 Wisconsin Act 260, is amended to read:

SB301,11,19 20.380 (1) (ig) Golf promotion. All moneys received under s. 341.14 (6r) (b) 9. 9m. 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, s. 36 Section 36. 20.380 (1) (ir) of the statutes, as created by 2005 Wisconsin Act 260, is amended to read:

SB301,12,5 20.380 (1) (ir) Payments to the WPGA Junior Foundation. All moneys received under s. 341.14 (6r) (b) 9. 9m. b. for payments to the WPGA Junior Foundation, Inc. under 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.

SB301, s. 37 Section 37. 20.410 (3) (d) of the statutes, as created by 2005 Wisconsin Act 234, is renumbered 20.410 (3) (dm).

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, s. 38 Section 38. 20.835 (2) (cm) of the statutes, as created by 2005 Wisconsin Act 361, is renumbered 20.835 (2) (co) and amended to read:

SB301,12,11 20.835 (2) (co) Enterprise zone jobs credit. A sum sufficient to make the payments 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 Section 39. 20.907 (5) (e) 6. of the statutes is amended to read:

SB301,12,15 20.907 (5) (e) 6. Advances from child caring institutions residential care centers for children and youth and counties and moneys receivable from counties under s. 46.037.

Note: The term "child caring institution" was changed to "residential care center for children and youth" by 2001 Wis. Act 59.

SB301, s. 40 Section 40. 24.61 (2) (a) 10. of the statutes, as created by 2005 Wisconsin Act 335, is renumbered 24.61 (2) (a) 10m.

Note: Confirms renumbering by the revisor under s. 13.93 (1) (b). 2005 Wis. Act 352 also created a provision numbered s. 24.61 (2) (a) 10.

SB301, s. 41 Section 41. 25.17 (3) (dm) of the statutes is amended to read:

SB301,13,18 25.17 (3) (dm) Make loans secured by mortgages upon unencumbered and wholly or partly improved real property in the United States or Canada, or upon leasehold estates in improved real property therein. Real property and leasehold estates shall not be deemed to be encumbered within the meaning of this paragraph by reason of the existence of unpaid assessments and taxes not delinquent, mineral, oil or timber rights, easements or rights-of-way for public highways, private roads, railroad, telegraph, telephone, electric light and power lines, drains, sewers or other similar easements or rights-of-way, lines liens for service and maintenance of water rights when not delinquent, party wall agreements, building restrictions, or other restrictive covenants or conditions, with or without a reversionary clause, or leases under which rents or profits are reserved to the owner. No such loan shall exceed 75% 75 percent of the then fair market value, including buildings, if any, mortgages to secure the same. If the value of the buildings constitutes any part of the security, such buildings shall be kept insured to an amount which, together with 75% 75 percent of the value of the land, shall equal or exceed the loan. The foregoing limitations and restrictions shall not apply to loans made under ch. 219 or real estate loans which are insured in whole or in part by the federal housing administration or commercial mortgage insurers.

Note: Corrects spelling consistent with s. 25.17 (3) (bh). This provision was created by chapter 39, Laws of 1975, reproducing the phrase "liens for service and maintenance of water rights when not delinquent" word-for-word from the previously existing s. 25.17 (3) (bh), except that "line" replaced "lien." The percent symbol is replaced consistent with current style.

SB301, s. 42 Section 42. 25.40 (1) (a) 22. of the statutes, as created by 2005 Wisconsin Act 260, is renumbered 25.40 (1) (a) 23. and amended to read:

SB301,14,3 25.40 (1) (a) 23. Moneys received under s. 341.14 (6r) (b) 9. 9m. that are deposited in the general fund and credited to the appropriation accounts under s. 20.380 (1) (ig) and (ir).

Note: 2005 Wis. Act 199 also created a provision numbered s. 25.40 (1) (a) 22. Section 341.14 (6r) (b) 9., as created by 2005 Wis. Act 260, is renumbered s. 341.14 (6r) (b) 9m. by this bill.