AB40: Bill Text

AB40,117,4 16.75 (6) (c) If the secretary determines that it is in the best interest of this state to do so, he or she may, with the approval of the governor, waive the requirements of subs. (1) to (5) and may purchase supplies, material, equipment, or contractual services, other than printing and stationery, from a private source other than a source specified in par. (b). Except as provided in sub. (2g) (c), if the cost of the purchase is expected to exceed $25,000 $50,000, the department shall first publish a class 2 notice under ch. 985 or post a notice on the Internet at the site determined or approved by the department under sub. (1) (b) describing the materials, supplies, equipment, or contractual services to be purchased, stating the intent to make the purchase from a private source without soliciting bids or competitive sealed proposals and stating the date on which the contract or purchase order will be awarded. The date of the award shall be at least 7 days after the date of the last insertion or the date of posting on the Internet.

AB40, s. 260 Section 260. 16.75 (10e) (b) of the statutes is amended to read:

AB40,117,25 16.75 (10e) (b) The If s. 16.855 (10s) (a) provides an applicable standard for the type of agency consuming equipment being purchased and the purchase will cost more than $5,000 per unit the department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority may not purchase that type of energy consuming equipment unless the specifications for the equipment meet the applicable standards for the equipment established under s. 16.855 (10s) (a). If there is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming equipment being purchased, or if. If there is an applicable standard under s. 16.855 (10s) (a), but the energy consuming equipment meeting that standard is not reasonably available, the department, purchasing agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the energy consuming equipment that is purchased maximizes energy efficiency to the extent technically and economically feasible. The department, purchasing agent, agency, or authority shall not determine that energy consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.

AB40, s. 261 Section 261. 16.751 of the statutes is amended to read:

AB40,118,5 16.751 Information technology purchases by investment board. The requirements of ss. 16.72 (2) (b) and (d) and 16.75 (1) (a) 1. and (2m) (g) do not apply to procurements authorized to be made by the investment board under s. 16.78 (1) for information technology purposes.

AB40, s. 262 Section 262. 16.752 (8) (e) of the statutes is amended to read:

AB40,118,9 16.752 (8) (e) Comply with applicable occupational health and safety standards prescribed by the U.S. secretary of labor, the federal occupational health and safety administration or the department of commerce safety and professional services.

AB40, s. 263 Section 263. 16.78 (1) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,118,25 16.78 (1) Every agency other than the board of regents Board of Regents of the University of Wisconsin System, the Board of Trustees of the University of Wisconsin-Madison, 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, unless the department requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 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 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.

AB40, s. 264 Section 264. 16.841 of the statutes is repealed.

AB40, s. 265 Section 265. 16.847 (1) (b) of the statutes is amended to read:

AB40,119,6 16.847 (1) (b) "State facilities" means all property owned and operated by the state for the purpose of carrying out usual state functions, including the University of Wisconsin-Madison and each institution within the University of Wisconsin System.

AB40, s. 266 Section 266. 16.85 (1) of the statutes is amended to read:

AB40,120,2 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 of the state, and any such work to be performed for the University of Wisconsin-Madison, 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, 37.03, and 37.11, except work to be performed for the University of Wisconsin-Madison with respect to a building, structure, or facility that is funded entirely from sources other than general purpose revenue or general fund supported borrowing; the engineering, architectural, and construction work of the department of transportation ; and the engineering service performed by the department of commerce safety and professional services, department of revenue, public service commission, department of health 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. The department may 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 child care center primarily for use by children of state employees.

AB40, s. 267 Section 267 . 16.85 (1) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40,120,23 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 of the state, and any such work to be performed for the University of Wisconsin-Madison, 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, 36.11, 37.03, and 37.11, except work to be performed for the University of Wisconsin-Madison with respect to a building, structure, or facility that is funded entirely from sources other than general purpose revenue or general fund supported borrowing; the engineering, architectural, and construction work of the department of transportation; and the engineering service performed by the department of safety and professional services, department of revenue, public service commission, department of health 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. The department may 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 child care center primarily for use by children of state employees.

AB40, s. 268 Section 268. 16.85 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,121,11 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 or the University of Wisconsin-Madison. 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. 37, 52, 231, 233, 234, 237, 238, or 279.

AB40, s. 269 Section 269. 16.85 (5) of the statutes is amended to read:

AB40,121,16 16.85 (5) To promote the use of energy conservation methods in state-owned facilities and facilities owned by the University of Wisconsin-Madison, to implement and refine a statewide energy monitoring system and to develop and implement initiatives of replacing fossil fuels with renewable energy fuels.

AB40, s. 270 Section 270. 16.85 (7) of the statutes is amended to read:

AB40,121,24 16.85 (7) To rebuild and repair discarded machinery of the several state institutions and the University of Wisconsin-Madison when found feasible, and put the same back into service in the same department or at the university or in any other state department or the university, and upon requisition to furnish services and material and loan equipment at fair rentals based on the cost thereof, in connection with the construction, operation and maintenance of heating and power plants, utilities and equipment.

AB40, s. 271 Section 271. 16.85 (10) of the statutes is amended to read:

AB40,122,5 16.85 (10) To prepare in cooperation with the state agencies concerned and with the University of Wisconsin-Madison, plans for the future growth and development of various state institutions and to serve as technical adviser to the building commission in connection with the development of the state long-range building program provided in ss. 13.48 and 13.482.

AB40, s. 272 Section 272. 16.85 (12) of the statutes is amended to read:

AB40,122,14 16.85 (12) To review and approve plans and specifications for any building or structure that is constructed for the benefit of the University of Wisconsin System or any institution thereof, and to periodically review the progress of any such building or structure during construction to assure compliance with the approved plans and specifications. This subsection does not apply to any building, structure, or facility that is constructed. remodeled, repaired, renewed, or expanded for the University of Wisconsin-Madison if the project is funded entirely from sources other than general purpose revenue or general fund supported borrowing.

AB40, s. 273 Section 273. 16.851 of the statutes is amended to read:

AB40,123,2 16.851 Plans for state and university buildings, structures or facilities. Except as the department otherwise provides by rule, records of the department and the University of Wisconsin-Madison containing plans or specifications for any state-owned or state-leased or any university-owned or university-leased building, structure or facility, or any proposed state-owned or state-leased or university-owned or university-leased building, structure or facility, are not subject to the right of public inspection or copying under s. 19.35 (1). If the department or the University of Wisconsin-Madison transfers any records containing any such plans or specifications to any other authority as defined in s. 19.32 (1), the department or university shall require the authority to agree in writing not to make the record available for public inspection or copying except as the department otherwise permits by rule.

AB40, s. 274 Section 274. 16.8511 of the statutes is amended to read:

AB40,123,8 16.8511 Secretary of administration; powers, duties. (1) The secretary or the secretary's designated assistants shall make a biennial inspection of each building of each institution of the state and the University of Wisconsin-Madison. The secretary may delegate this responsibility to the board, commission or officer in charge of such institution.

AB40,123,14 (2) The secretary may delegate any of the work under this subchapter to the various state agencies or to the University of Wisconsin-Madison when the secretary determines that the best interests of the state or the university will be served. All such delegation will be in writing and accompanied by the proper rules and guidelines the agencies or the university must follow to ensure performance to the satisfaction of the secretary.

AB40, s. 275 Section 275. 16.854 (1) (a) of the statutes is amended to read:

AB40,123,17 16.854 (1) (a) "Minority business" has the meaning given in s. 560.036 490.04 (1) (e).

AB40, s. 276 Section 276. 16.854 (1) (b) of the statutes is amended to read:

AB40,123,20 16.854 (1) (b) "Minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 277 Section 277. 16.855 (2) (intro.) of the statutes is amended to read:

AB40,123,24 16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $40,000, or if less and in the best interest of the state or the University of Wisconsin-Madison, the department shall:

AB40, s. 278 Section 278. 16.855 (2) (b) 2. of the statutes is amended to read:

AB40,124,4 16.855 (2) (b) 2. If the federal government participates in a state or University of Wisconsin-Madison project, the bid guarantee required in this paragraph controls, unless the federal government makes a specific provision for a different bid guarantee.

AB40, s. 279 Section 279. 16.855 (5) of the statutes is amended to read:

AB40,124,8 16.855 (5) Any or all bids may be rejected if, in the opinion of the department, it is in the best interest of the state or the University of Wisconsin-Madison. The reasons for rejection shall be given to the bidder or bidders in writing.

AB40, s. 280 Section 280. 16.855 (7) of the statutes is amended to read:

AB40,124,12 16.855 (7) The department may issue contract change orders, if they are deemed to be in the best interests of the state or the University of Wisconsin-Madison.

AB40, s. 281 Section 281. 16.855 (10) of the statutes is amended to read:

AB40,124,18 16.855 (10) When the department believes that it is in the best interests of the state or the University of Wisconsin-Madison to contract for certain articles or materials available from only one source, it may contract for said articles or materials without the usual statutory procedure, after a publication of a class 1 notice, under ch. 985, in the official state newspaper.

AB40, s. 282 Section 282. 16.855 (10m) (ac) of the statutes is amended to read:

AB40,124,22 16.855 (10m) (ac) In this subsection, "disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 283 Section 283. 16.855 (10n) (a) of the statutes is amended to read:

AB40,124,25 16.855 (10n) (a) In this subsection, "minority group member" has the meaning given in s. 560.036 490.04 (1) (f).

AB40, s. 284 Section 284. 16.855 (13) (c) of the statutes is amended to read:

AB40,125,5 16.855 (13) (c) Changes may be made in the list of subcontractors, with the agreement of the department and the prime contractor, when in the opinion of the department it is in the best interests of the state or the University of Wisconsin-Madison to require the change.

AB40, s. 285 Section 285. 16.855 (14) (b) of the statutes is amended to read:

AB40,125,12 16.855 (14) (b) The state is and the University of Wisconsin-Madison are not liable to a prime contractor for damage from delay caused by another prime contractor if the department or the university takes reasonable action to require the delaying prime contractor to comply with its contract. If the state or the university is not liable under this paragraph, the delayed prime contractor may bring an action for damages against the delaying prime contractor.

AB40, s. 286 Section 286. 16.855 (16) (a) of the statutes is amended to read:

AB40,125,20 16.855 (16) (a) This section does not apply to contracts between the state or the University of Wisconsin-Madison and federal government or any agency thereof, or with any political subdivision of the state. Subject to the approval of the governor, the requirements of this section may be waived in emergency situations involving the public health, welfare or safety or with respect to contracting with public utilities, but only when any such waiver is deemed by the governor to be in the best interests of the state or the university.

AB40, s. 287 Section 287. 16.855 (16) (b) 2. of the statutes is amended to read:

AB40,126,8 16.855 (16) (b) 2. In emergency situations, the governor may approve repairs and construction of a building, structure, or facility in lieu of building commission approval under s. 13.48 (10), and for such purposes, may authorize the expenditure of up to $500,000 from the state building trust fund or from other available moneys appropriated to an agency or other available moneys of the University of Wisconsin-Madison derived from any revenue source. The governor may delegate to the secretary the authority to grant approvals under this subdivision. The governor shall report any such authorization to the building commission at its next regular meeting following the authorization. In this subdivision, "emergency" means any natural or human-caused situation that results in or may result in substantial injury or harm to the population or substantial damage to or loss of property.

AB40, s. 288 Section 288. 16.855 (20) of the statutes is amended to read:

AB40,126,16 16.855 (20) This section does not apply to construction work performed by University of Wisconsin System or University of Wisconsin-Madison students when the construction work performed is a part of a curriculum and where the work is course-related for the student involved. Prior approval of the building commission must be obtained for all construction projects to be performed by University of Wisconsin System or University of Wisconsin-Madison students, except projects specified in s. 13.48 (10 (c).

AB40, s. 289 Section 289. 16.855 (22) of the statutes is amended to read:

AB40,127,5 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). The provisions of this section do not apply to construction work for any project by or for the University of Wisconsin-Madison that is funded entirely from sources other than general purpose revenue or general fund supported borrowing. If the estimated construction cost of any project, other than a University of Wisconsin-Madison project that is exempted under this subsection, is at least $40,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

AB40, s. 290 Section 290. 16.865 (1) (a) of the statutes is amended to read:

AB40,127,9 16.865 (1) (a) Protect Except as provided in sub. (10), protect the state and the University of Wisconsin-Madison from losses which are catastrophic in nature and minimize total cost to the state of all activities related to the control of accidental loss.

AB40, s. 291 Section 291. 16.865 (2) of the statutes is amended to read:

AB40,127,14 16.865 (2) Identify Except as provided in sub. (10), identify and evaluate exposure to loss to the state, its and University of Wisconsin-Madison and their employees or injury to the public by reason of fire or other accidents and fortuitous events at state-owned and the university-owned properties or facilities.

AB40, s. 292 Section 292. 16.865 (3) of the statutes is amended to read:

AB40,127,19 16.865 (3) Recommend Except as provided in sub. (10), recommend changes in procedures, program conditions or capital improvement for all agencies and the University of Wisconsin-Madison which would satisfactorily eliminate or reduce the existing exposure.

AB40, s. 293 Section 293. 16.865 (4) of the statutes is amended to read:

AB40,127,25 16.865 (4) Manage the state employees' Except as provided in sub. (10), manage the worker's compensation program for state and University of Wisconsin-Madison employees and the statewide self-funded programs to protect the state and the University of Wisconsin–Madison from losses of and damage to state property and liability.

AB40, s. 294 Section 294. 16.865 (5) of the statutes is amended to read:

AB40,128,8 16.865 (5) Arrange appropriate Except as provided in sub. (10), arrange insurance contracts for the transfer of risk of loss on the part of the state and the University of Wisconsin-Madison or its their employees, to the extent such loss cannot reasonably be assumed by the individual agencies or the university or the self-funded programs. The placement of insurance may be by private negotiation rather than competitive bid, if such insurance has a restricted number of interested carriers. The department shall approve all insurance purchases.

AB40, s. 295 Section 295. 16.865 (8) of the statutes, as affected by 2011 Wisconsin Act 7, is amended to read:

AB40,129,2 16.865 (8) Annually Except as provided in sub. (10), annually in each fiscal year, allocate as a charge to each agency and to the University of Wisconsin-Madison a proportionate share of the estimated costs attributable to programs administered by the agency or the university to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies and to the University of Wisconsin-Madison 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. 37, 52, 231, 232, 233, 234, 235, 237, 238, or 279.

AB40, s. 296 Section 296. 16.865 (10) of the statutes is created to read:

AB40,129,12 16.865 (10) This section does not apply to the University of Wisconsin-Madison for any fiscal year if the University of Wisconsin-Madison, no later than December 31 preceding the beginning of that fiscal year, provides written notice to the department that it has elected not to be governed by this section. Any notice of nonelection applies to all subsequent fiscal years unless the University of Wisconsin-Madison, no later than December 31 preceding the beginning of a fiscal year, provides written notice to the department that it has elected to be governed by this section. Any notice of election applies to all subsequent fiscal years unless the University of Wisconsin-Madison again provides timely notice of nonelection.

AB40, s. 297 Section 297. 16.87 (1) (am) of the statutes is amended to read:

AB40,129,16 16.87 (1) (am) "Disabled veteran-owned business" means a business certified by the department of commerce safety and professional services under s. 560.0335 490.02 (3).

AB40, s. 298 Section 298. 16.87 (2) (a) of the statutes is amended to read:

AB40,129,22 16.87 (2) (a) A contract for engineering services or architectural services or a contract involving an expenditure of $10,000 or more for construction work, or $30,000 or more for limited trades work, to be done for or furnished to the state or a department, board, commission, or officer of the state or the University of Wisconsin-Madison is exempt from the requirements of ss. 16.705 and 16.75.

AB40, s. 299 Section 299. 16.87 (5) of the statutes is created to read:

AB40,130,3 16.87 (5) This subsection does not apply to any project for the University of Wisconsin-Madison that is funded entirely from sources other than general purpose revenue or general fund supported borrowing.

AB40, s. 300 Section 300. 16.875 of the statutes is amended to read:

AB40,130,6 16.875 Setoffs. All amounts owed by this state or the University of Wisconsin-Madison under this subchapter are subject to being set off under s. 73.12.

AB40, s. 301 Section 301. 16.89 of the statutes is amended to read:

AB40,130,16 16.89 Construction and services controlled by this chapter. No department, independent agency, constitutional office or agent of the state shall employ engineering, architectural or allied services or expend money for construction purposes on behalf of the state, except as provided in this chapter. The University of Wisconsin-Madison shall not employ engineering, architectural, or allied services or expend money for construction purposes on behalf of the university, except as provided in this chapter and except that the university may engage such employment for any project that is financed entirely from sources other than general purpose revenue or general fund supported borrowing.

AB40, s. 302 Section 302. 16.891 (1) (b) of the statutes is amended to read: