(b) Except as provided in pars. (c) and (d), if in any fiscal year an agency in the executive branch is prohibited from hiring employees to fill vacant positions or its employees are required to serve an unpaid leave of absence, the agency may not enter into, renew, or extend any contractual services contracts with private contractors or consultants for the remainder of that fiscal year for the performance of services of agency employees who would have performed the services had they been hired or had they not have been required to take an unpaid leave of absence.
(c) Paragraph (b) shall not apply to contractual services contracts that are funded with federal economic stimulus funds and the secretary determines that any
deadlines imposed by the federal government on the expenditure of the federal economic stimulus funds cannot be met without an agency's entering into, renewing, or extending a contractual services contract or a cost-benefit analysis is conducted that demonstrates that a contractual services contract would be more cost effective and efficient than having state employees perform the services.
(cm) Paragraph (b) shall not apply to contracts entered into under s. 977.08.
(d) An agency in the executive branch may submit a written request to the joint committee on finance to have par. (b) not apply to the agency with respect to a specific contractual services contract. If the cochairpersons of the committee do not notify the agency within 14 working days after the date of the agency's submittal that the committee intends to schedule a meeting to review the request, approval of the request is granted. If, within 14 working days after the date of the agency's request submittal, the cochairpersons of the committee notify the agency that the committee intends to schedule a meeting to review the request, the request may be granted only as approved by the committee.
28,104n
Section 104n. 16.72 (4) (b) of the statutes is renumbered 16.72 (4) (b) 1.
28,104p
Section 104p. 16.72 (4) (b) 2. of the statutes is created to read:
16.72 (4) (b) 2. The department and its designated agents under s. 16.71 (1) shall grant to any entity or group that is entitled to participate in federal surplus property sales or auctions or is entitled to special purchasing rights or preference in sales or auctions of federal surplus property administered by the U.S. General Services Administration the same purchasing rights and preference in any sale or auction of state surplus property as are available to agencies. This subdivision does not apply if participation in a sale or auction is available only to state or local units of government or other tax-supported agencies. The department and its designated agents under s. 16.71 (1) may restrict the resale of any property that is acquired by an entity or group under this subdivision. The department and its designated agents under s. 16.71 (1) may require entities and groups that are granted rights under this subdivision to show proof of eligibility for purchasing rights or participation in sales or auctions administered by the U.S. General Services Administration.
28,105
Section
105. 16.765 (1) of the statutes is amended to read:
16.765 (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, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care 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.
28,106
Section
106. 16.765 (2) of the statutes is amended to read:
16.765 (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, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care 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".
28,107
Section
107. 16.765 (4) of the statutes is amended to read:
16.765 (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, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.
28,108
Section
108. 16.765 (5) of the statutes is amended to read:
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, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care 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, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care 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.
28,109
Section
109. 16.765 (6) of the statutes is amended to read:
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, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.
28,110
Section
110. 16.765 (7) (intro.) of the statutes is amended to read:
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, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care 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, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, or the Bradley Center Sports and Entertainment Corporation shall:
28,111
Section
111. 16.765 (7) (d) of the statutes is amended to read:
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, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care Authority, or the Bradley Center Sports and Entertainment Corporation.
28,112
Section
112. 16.765 (8) of the statutes is amended to read:
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, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care 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, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care 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, the Lower Fox River Remediation Authority, the Wisconsin Quality Home Care 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.
28,112m
Section 112m. 16.847 (3) of the statutes is amended to read:
16.847 (3) Assessments. The department may shall annually assess any each agency that receives funding under sub. (2) in an amount determined by the department not exceeding equivalent to the agency's proportionate share of debt service the costs incurred under s. 20.505 (5) 20.867 (3) (kd) or for principal repayment and interest costs on obligations incurred in financing energy conservation construction projects at agency facilities, for payments determined by the building commission under s. 13.488 (1) (m) that are attributable to the proceeds of those obligations, and for payments under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a). The department may, in addition, assess those agencies for an amount not greater than the amount by which the annual savings, if any, in the agency's energy costs generated, whichever is greater, as a result of an energy conservation construction project that was funded by the department under sub. (2), as determined by the department, exceeds the agency's proportionate share of the costs incurred under s. 20.867 (3) (kd). Each agency shall pay any portion of each assessment that is attributable to savings in the agency's energy costs to the department and shall pay the remaining portion of each assessment to the building commission. The department shall credit all revenues received by the building commission under this subsection to the appropriation account under s. 20.867 (3) (kd) and shall credit all revenues received by the department under this subsection to the appropriation account under s. 20.505 (5) (kd)
(ke).
28,114
Section
114. 16.85 (2) of the statutes is amended to read:
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 subch. II of ch. 114 or subch. III of ch. 149 or in ch. 52, 231, 233, 234, 237, or 279.
28,120
Section
120. 16.865 (8) of the statutes is amended to read:
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, 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. 52, 231, 232, 233, 234, 235, 237, or 279.
28,120b
Section 120b. 16.957 (2) (a) (intro.) of the statutes is renumbered 16.957 (2) (a) and amended to read:
16.957 (2) (a) Low-income programs. After holding a hearing, establish programs to be administered by the department for awarding grants from the appropriation under s. 20.505 (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, or the amount determined under par. (d) 2m., is spent for weatherization and other energy conservation services:
28,120w
Section 120w. 16.957 (2) (d) 2m. of the statutes is created to read:
16.957 (2) (d) 2m. In fiscal years 2009-10 and 2010-11, at the department's discretion, subtract no more than $10,000,000 from the amount required to be spent on weatherization and other energy conservation services under par. (a).
28,120y
Section 120y. 16.957 (2) (d) 2m. of the statutes, as created by 2009 Wisconsin Act .... (this act), is repealed.
28,149
Section
149. 16.964 (1) (intro.) and (a) to (i) of the statutes are renumbered 16.964 (1m) (intro.) and (a) to (i), and 16.964 (1m) (intro.), as renumbered, is amended to read:
16.964 (1m) (intro.) The office of justice assistance shall:
28,150
Section
150. 16.964 (1) (j) of the statutes is renumbered 16.964 (15) (a) and amended to read:
16.964 (15) (a) Provide The office shall provide staff support for the interoperability council under s. 16.9645 and oversight of the development and operation of a statewide public safety interoperable communication system.
28,151
Section
151. 16.964 (1g) of the statutes is created to read:
16.964 (1g) In this section, "office" means the office of justice assistance.
28,151k
Section 151k. 16.964 (1m) (k) of the statutes is created to read:
16.964 (1m) (k) From the appropriation under s. 20.505 (6) (p), provide an annual grant of $150,000 to the Wisconsin CASA Association for the support, assistance, and development of court-appointed special advocate programs under s. 48.07 (5).
28,152
Section
152. 16.964 (2) of the statutes is amended to read:
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) (1m) (g) on the basis of the forms or instructions or both to be supplied by the office under sub. (1) (1m) (g).
28,155
Section
155. 16.964 (10) of the statutes is repealed.
28,156
Section
156. 16.964 (12) (b) of the statutes is amended to read:
16.964 (12) (b) The office shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office shall make the grants from the appropriations under s. 20.505 (6) (b), (j), and (ku). The office shall collaborate with the departments of corrections and health services in establishing this grant program.
28,156n
Section 156n. 16.964 (12) (em) of the statutes is created to read:
16.964 (12) (em) In a program funded by a grant under this subsection, if urine collection for the purposes of a drug test results in the exposure of a program participant's genitals, pubic area, buttock, or anus, all of the following must apply:
1. The person conducting the urine collection for purposes of a drug test is of the same sex as the program participant.
2. During the urine collection, the program participant is not exposed to the view of any person not conducting the urine collection.
3. The urine collection is not reproduced through a visual or sound recording.
4. The program participant's genitals, pubic area, buttock, and anus are not subject to any physical inspection beyond observation of the urine collection.
5. All staff of the program must strive to preserve the dignity of all program participants subject to urine collection for the purpose of drug testing.
28,157d
Section 157d. 16.964 (14) (m) of the statutes is created to read:
16.964 (14) (m) CHAT Room in Green County.
28,157s
Section 157s. 16.964 (14) (n) of the statutes is created to read:
16.964 (14) (n) Marshfield Child Advocacy Center in Wood County.
28,158
Section
158. 16.964 (15) (b) of the statutes is created to read:
16.964 (15) (b) The office may charge a public safety agency, as defined in s. 256.35 (1) (g), that is a state agency a fee for use of the statewide public safety interoperable communication system under par. (a).
28,158m
Section
158m. 16.964 (16) of the statutes is created to read:
16.964 (16) (a) The office shall analyze the information submitted to it by law enforcement agencies under s. 349.027 (2) to determine whether the number of motor vehicle stops and searches involving motor vehicles operated or occupied by members of a racial minority is disproportionate to the number of motor vehicle stops and searches involving motor vehicles operated or occupied solely by persons who are not members of a racial minority.
(b) The office shall promulgate rules relating to all of the following:
1. The types of information that law enforcement agencies must collect relating to traffic stops and the circumstances under which this information must be collected.
2. The process and format that law enforcement agencies must use to submit to the office the collected information specified in subd. 1.
3. The types of analyses that the office will perform in fulfilling the requirement under par. (a).
4. Requirements for making reports to the legislature under s. 13.172 (2), to the governor, and to the director of state courts.
28,158t
Section 158t. 16.964 (17) of the statutes is created to read:
16.964 (17) American Indian tribal community reintegration program. The office shall establish a program to facilitate the reintegration of American Indians who have been incarcerated in a state prison into their American Indian tribal communities. Under the program, each participant shall be provided an integration plan that addresses the participant's needs and shall be provided services that are customized for the participant. The program shall encourage confidence, responsibility, and independence among participants. The office shall ensure that the program incorporates tribal practices and traditions that meet the participant's community reintegration needs.
28,159
Section
159. 16.997 (2g) (a) of the statutes is renumbered 16.997 (2g) (a) (intro.) and amended to read:
16.997 (2g) (a) (intro.) Provide access to the data line to any business entity, as defined in s. 13.62 (5)., unless the business entity complies with all of the following:
28,160
Section
160. 16.997 (2g) (a) 1. to 3. of the statutes are created to read:
16.997 (2g) (a) 1. The business entity is transmitting an event sponsored by the educational agency.
2. The business entity has the permission of the educational agency to record and transmit the event.
2g. The access to the data line by the business entity is through the Internet.
2r. All transmissions through the data line originate or terminate at the site of an educational agency or other governmental agency that is an authorized user of the data line.
3. The business entity reimburses the department for its proportionate share of the cost of the data line used to transmit the event.
28,161
Section
161. 17.07 (3m) of the statutes is amended to read:
17.07 (3m) Notwithstanding sub. (3), the parole earned release review commission chairperson may be removed by the governor, at pleasure.
28,162
Section
162. 19.36 (12) of the statutes is amended to read:
19.36 (12) Information relating to certain employees. Unless access is specifically authorized or required by statute, an authority shall not provide access to a record prepared or provided by an employer performing work on a project to which s. 66.0903, 66.0904, 103.49, or 103.50 applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or other personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. In this subsection, "personally identifiable information" does not include an employee's work classification, hours of work, or wage or benefit payments received for work on such a project.
28,163
Section
163. 19.42 (10) (s) of the statutes is created to read:
19.42 (10) (s) The executive director and members of the board of directors of the Wisconsin Quality Home Care Authority.
28,164
Section
164. 19.42 (13) (o) of the statutes is created to read:
19.42 (13) (o) The executive director and members of the board of directors of the Wisconsin Quality Home Care Authority.
28,165
Section
165. 19.82 (1) of the statutes is amended to read:
19.82 (1) "Governmental body" means a state or local agency, board, commission, committee, council, department or public body corporate and politic created by constitution, statute, ordinance, rule or order; a governmental or quasi-governmental corporation except for the Bradley center sports and entertainment corporation; a local exposition district under subch. II of ch. 229; a long-term care district under s. 46.2895; or a formally constituted subunit of any of the foregoing, but excludes any such body or committee or subunit of such body which is formed for or meeting for the purpose of collective bargaining under subch. I, IV or, V, or VI of ch. 111.
28,166
Section
166. 19.85 (3) of the statutes is amended to read:
19.85 (3) Nothing in this subchapter shall be construed to authorize a governmental body to consider at a meeting in closed session the final ratification or approval of a collective bargaining agreement under subch. I, IV or, V, or VI of ch. 111 which has been negotiated by such body or on its behalf.
