AB40-ASA1,39,1918
16.705
(1b) (intro.) The determinations under sub. (1) do not apply to a contract
19entered into by any of the following:
AB40-ASA1,39,2020
(c) The department under s. 16.848 (1).
AB40-ASA1,80
21Section
80. 16.705 (1m) of the statutes is renumbered 16.705 (1b) (a) and
22amended to read:
AB40-ASA1,39,2423
16.705
(1b) (a)
Subsection (1) does not apply to contracts entered into by the 24The service award board under s. 16.25 (4) (b).
AB40-ASA1,40,53
16.705
(1b) (b)
Subsection (1) does not apply to a contract entered into by the 4The department of corrections for global positioning system tracking services under
5s. 301.48 (3) or 301.49.
AB40-ASA1,40,198
16.705
(2) (a) The department shall promulgate rules for the procurement of
9contractual services by the department and its designated agents, including but not
10limited to rules prescribing approval and monitoring processes for contractual
11service contracts
,; except as provided in par. (b), a requirement for agencies, except
12for the University of Wisconsin System, to conduct a uniform cost-benefit analysis
13of each proposed contractual service procurement involving an estimated
14expenditure of more than
$25,000 $50,000 in accordance with standards prescribed
15in the rules
,; and
, except as provided in par. (b), a requirement for agencies
, except
16for the University of Wisconsin System, to review periodically, and before any
17renewal, the continued appropriateness of contracting under each contractual
18services agreement involving an estimated expenditure of more than
$25,000 19$50,000.
AB40-ASA1,41,3
20(c) Each officer requesting approval to engage any person to perform
21contractual services shall submit to the department written justification for such
22contracting which shall include a description of the contractual services to be
23procured, justification of need, justification for not contracting with other agencies,
24a specific description of the scope of contractual services to be performed, and
25justification for the procurement process if a process other than competitive bidding
1is to be used. The department may not approve any contract for contractual services
2unless it is satisfied that the justification for contracting conforms to the
3requirements of this section and ss. 16.71 to 16.77.
AB40-ASA1,84
4Section
84. 16.705 (2) (b) of the statutes is created to read:
AB40-ASA1,41,65
16.705
(2) (b) A cost-benefit analysis or continued appropriateness review is
6not required for the following services:
AB40-ASA1,41,77
1. Services that federal or state law requires to be performed by contract.
AB40-ASA1,41,98
2. Services that must be provided per a contract, license, or warranty, by the
9original equipment manufacturer or publisher.
AB40-ASA1,41,1110
3. Services that cannot be performed by state employees because the state lacks
11the required infrastructure.
AB40-ASA1,41,1312
4. Web-based software application services that are delivered and managed
13remotely.
AB40-ASA1,91c
14Section 91c. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB40-ASA1,41,2515
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
16department and any other designated purchasing agent under s. 16.71 (1) shall
17incorporate requirements for the purchase of products made from recycled materials
18and recovered materials if their use is technically and economically feasible. Each
19authority other than the University of Wisconsin Hospitals and Clinics Authority
, 20and the Lower Fox River Remediation Authority,
and the Health Insurance
21Risk-Sharing Plan Authority, in writing specifications for purchasing by the
22authority, shall incorporate requirements for the purchase of products made from
23recycled materials and recovered materials if their use is technically and
24economically feasible. The specifications shall include requirements for the
25purchase of the following materials:
AB40-ASA1,92c
1Section 92c. 16.72 (2) (f) of the statutes is amended to read:
AB40-ASA1,42,112
16.72
(2) (f) In writing specifications under this subsection, the department,
3any other designated purchasing agent under s. 16.71 (1), and each authority other
4than the University of Wisconsin Hospitals and Clinics Authority
, and the Lower Fox
5River Remediation Authority
, and the Health Insurance Risk-Sharing Plan
6Authority shall incorporate requirements relating to the recyclability and ultimate
7disposition of products and, wherever possible, shall write the specifications so as to
8minimize the amount of solid waste generated by the state, consistent with the
9priorities established under s. 287.05 (12). All specifications under this subsection
10shall discourage the purchase of single-use, disposable products and require,
11whenever practical, the purchase of multiple-use, durable products.
AB40-ASA1,97
12Section
97. 16.75 (1) (a) 1. of the statutes is amended to read:
AB40-ASA1,42,2113
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
14materials, supplies, equipment, and contractual services to be provided to any
15agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
16(6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754,
1716.964 (8), 50.05 (7) (f), 153.05 (2m) (a),
165.987, and 287.15 (7), shall be awarded to
18the lowest responsible bidder, taking into consideration life cycle cost estimates
19under sub. (1m), when appropriate, the location of the agency, the quantities of the
20articles to be supplied, their conformity with the specifications, and the purposes for
21which they are required and the date of delivery.
AB40-ASA1,102c
22Section 102c. 16.75 (1m) of the statutes is amended to read:
AB40-ASA1,43,1123
16.75
(1m) The department shall award each order or contract for materials,
24supplies or equipment on the basis of life cycle cost estimates, whenever such action
25is appropriate. Each authority other than the University of Wisconsin Hospitals and
1Clinics Authority, the Lower Fox River Remediation Authority,
and the Wisconsin
2Aerospace Authority
, and the Health Insurance Risk-Sharing Plan Authority shall
3award each order or contract for materials, supplies or equipment on the basis of life
4cycle cost estimates, whenever such action is appropriate. The terms, conditions and
5evaluation criteria to be applied shall be incorporated in the solicitation of bids or
6proposals. The life cycle cost formula may include, but is not limited to, the
7applicable costs of energy efficiency, acquisition and conversion, money,
8transportation, warehousing and distribution, training, operation and maintenance
9and disposition or resale. The department shall prepare documents containing
10technical guidance for the development and use of life cycle cost estimates, and shall
11make the documents available to local governmental units.
AB40-ASA1,111
12Section
111. 16.75 (3m) (b) 1. of the statutes is amended to read:
AB40-ASA1,43,1613
16.75
(3m) (b) 1. The department
, any agency to which the department
14delegates purchasing authority under s. 16.71 (1), and any agency making purchases
15under s. 16.74 shall attempt to ensure that 5 percent of the total amount expended
16under this subchapter in each fiscal year is paid to minority businesses.
AB40-ASA1,112
17Section
112. 16.75 (3m) (b) 2. of the statutes is amended to read:
AB40-ASA1,43,2218
16.75
(3m) (b) 2. The department
, any agency to which the department
19delegates purchasing authority under s. 16.71 (1), and any agency making purchases
20under s. 16.74 shall make efforts to ensure that a portion of the total amount
21expended under this subchapter in each fiscal year is paid to disabled
22veteran-owned businesses.
AB40-ASA1,113
23Section
113. 16.75 (3m) (b) 3. of the statutes is amended to read:
AB40-ASA1,44,1124
16.75
(3m) (b) 3. Except as provided under sub. (7), the department
, any agency
25to which the department delegates purchasing authority under s. 16.71 (1), and any
1agency making purchases under s. 16.74 may purchase materials, supplies,
2equipment, and contractual services from any minority business or disabled
3veteran-owned business, or a business that is both a minority business and a
4disabled veteran-owned business, submitting a qualified responsible competitive
5bid that is no more than 5 percent higher than the apparent low bid or competitive
6proposal that is no more than 5 percent higher than the most advantageous proposal.
7In administering the preference for minority businesses or disabled veteran-owned
8businesses established in this paragraph, the department
, the delegated agency, and
9any agency making purchases under s. 16.74 shall maximize the use of minority
10businesses or disabled veteran-owned businesses which are incorporated under ch.
11180 or which have their principal place of business in this state.
AB40-ASA1,114b
12Section 114b. 16.75 (3t) (c) (intro.) of the statutes is renumbered 16.75 (3t) (c)
13and amended to read:
AB40-ASA1,44,1814
16.75
(3t) (c) The department of corrections shall periodically provide to the
15department of administration a current list of all materials, supplies, equipment
, or
16contractual services, excluding commodities, that are supplied by prison industries,
17as created under s. 303.01. The department of administration shall distribute the
18list to all designated purchasing agents under s. 16.71 (1).
AB40-ASA1,45,6
19(d) 1. Except as otherwise provided in
this subdivision and in sub. (6) (am), prior
20to seeking bids or competitive sealed proposals with respect to the purchase of any
21materials, supplies, equipment
, or contractual services enumerated in the list
22provided under par. (c), except for furniture as provided in subd. 2., the department
23of administration or any other designated purchasing agent under s. 16.71 (1) shall
24offer prison industries the opportunity to supply the materials, supplies, equipment
, 25or contractual services if the department of corrections is able to provide them at a
1price that is equal to or lower than one which may be obtained through competitive
2bidding or competitive sealed proposals and is able to conform to the specifications.
3If the department of administration or other purchasing agent is unable to determine
4whether the price of prison industries is equal to or lower than one obtained through
5competitive bidding or competitive sealed proposals, it may solicit bids or
6competitive proposals before awarding the order or contract.
This paragraph
AB40-ASA1,45,7
7(e) Paragraph (d) 1. does not apply to the printing of the following forms:
AB40-ASA1,114bd
8Section 114bd. 16.75 (3t) (d) 2. of the statutes is created to read:
AB40-ASA1,45,209
16.75
(3t) (d) 2. Except as otherwise provided in this subdivision, prior to
10seeking bids or competitive sealed proposals with respect to the purchase of any
11furniture enumerated in the list provided under par. (c), the department of
12administration or any other designated purchasing agent under s. 16.71 (1) shall
13offer prison industries the opportunity to supply the furniture if the department of
14corrections is able to provide it at a price that is comparable to one that may be
15obtained through competitive bidding or competitive sealed proposals and is able to
16conform to the specifications. If the department of administration or other
17purchasing agent is unable to determine whether the price of prison industries is
18comparable to one obtained through competitive bidding or competitive sealed
19proposals, it may solicit bids or competitive proposals before awarding the order or
20contract.
AB40-ASA1,118c
21Section 118c. 16.75 (8) (a) 1. of the statutes is amended to read:
AB40-ASA1,46,322
16.75
(8) (a) 1. The department, any other designated purchasing agent under
23s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
24than the University of Wisconsin Hospitals and Clinics Authority
, and the Lower Fox
25River Remediation Authority
, and the Health Insurance Risk-Sharing Plan
1Authority shall, to the extent practicable, make purchasing selections using
2specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials
3utilizing recycled materials and recovered materials.
AB40-ASA1,118e
4Section 118e. 16.75 (8) (a) 2. of the statutes is amended to read:
AB40-ASA1,46,105
16.75
(8) (a) 2. Each agency and authority other than the University of
6Wisconsin Hospitals and Clinics Authority
, and the Lower Fox River Remediation
7Authority
, and the Health Insurance Risk-Sharing Plan Authority shall ensure that
8the average recycled or recovered content of all paper purchased by the agency or
9authority measured as a proportion, by weight, of the fiber content of paper products
10purchased in a fiscal year, is not less than 40% of all purchased paper.
AB40-ASA1,119c
11Section 119c. 16.75 (9) of the statutes is amended to read:
AB40-ASA1,46,1712
16.75
(9) The department, any other designated purchasing agent under s.
1316.71 (1), any agency making purchases under s. 16.74, and any authority other than
14the University of Wisconsin Hospitals and Clinics Authority
, and the Lower Fox
15River Remediation Authority
, and the Health Insurance Risk-Sharing Plan
16Authority shall, to the extent practicable, make purchasing selections using
17specifications prepared under s. 16.72 (2) (f).
AB40-ASA1,122c
18Section 122c. 16.765 (1) of the statutes is amended to read:
AB40-ASA1,47,419
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
20Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
21Aerospace Authority,
the Health Insurance Risk-Sharing Plan Authority, the Lower
22Fox River Remediation Authority, the Wisconsin Economic Development
23Corporation, and the Bradley Center Sports and Entertainment Corporation shall
24include in all contracts executed by them a provision obligating the contractor not
25to discriminate against any employee or applicant for employment because of age,
1race, religion, color, handicap, sex, physical condition, developmental disability as
2defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
3origin and, except with respect to sexual orientation, obligating the contractor to take
4affirmative action to ensure equal employment opportunities.
AB40-ASA1,122d
5Section 122d. 16.765 (2) of the statutes is amended to read:
AB40-ASA1,47,236
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority,
the Health Insurance Risk-Sharing Plan Authority, the Lower
9Fox River Remediation Authority, the Wisconsin Economic Development
10Corporation, and the Bradley Center Sports and Entertainment Corporation shall
11include the following provision in every contract executed by them: "In connection
12with the performance of work under this contract, the contractor agrees not to
13discriminate against any employee or applicant for employment because of age, race,
14religion, color, handicap, sex, physical condition, developmental disability as defined
15in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but
16not be limited to, the following: employment, upgrading, demotion or transfer;
17recruitment or recruitment advertising; layoff or termination; rates of pay or other
18forms of compensation; and selection for training, including apprenticeship. Except
19with respect to sexual orientation, the contractor further agrees to take affirmative
20action to ensure equal employment opportunities. The contractor agrees to post in
21conspicuous places, available for employees and applicants for employment, notices
22to be provided by the contracting officer setting forth the provisions of the
23nondiscrimination clause".
AB40-ASA1,122e
24Section 122e. 16.765 (4) of the statutes is amended to read:
AB40-ASA1,48,6
116.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
2Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
3Aerospace Authority,
the Health Insurance Risk-Sharing Plan Authority, the Lower
4Fox River Remediation Authority, and the Bradley Center Sports and
5Entertainment Corporation shall take appropriate action to revise the standard
6government contract forms under this section.
AB40-ASA1,122f
7Section 122f. 16.765 (5) of the statutes is amended to read:
AB40-ASA1,48,248
16.765
(5) The head of each contracting agency and the boards of directors of
9the University of Wisconsin Hospitals and Clinics Authority, the Fox River
10Navigational System Authority, the Wisconsin Aerospace Authority,
the Health
11Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
12Authority, the Wisconsin Economic Development Corporation, and the Bradley
13Center Sports and Entertainment Corporation shall be primarily responsible for
14obtaining compliance by any contractor with the nondiscrimination and affirmative
15action provisions prescribed by this section, according to procedures recommended
16by the department. The department shall make recommendations to the contracting
17agencies and the boards of directors of the University of Wisconsin Hospitals and
18Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
19Aerospace Authority,
the Health Insurance Risk-Sharing Plan Authority, the Lower
20Fox River Remediation Authority, the Wisconsin Economic Development
21Corporation, and the Bradley Center Sports and Entertainment Corporation for
22improving and making more effective the nondiscrimination and affirmative action
23provisions of contracts. The department shall promulgate such rules as may be
24necessary for the performance of its functions under this section.
AB40-ASA1,122g
25Section 122g. 16.765 (6) of the statutes is amended to read:
AB40-ASA1,49,9
116.765
(6) The department may receive complaints of alleged violations of the
2nondiscrimination provisions of such contracts. The department shall investigate
3and determine whether a violation of this section has occurred. The department may
4delegate this authority to the contracting agency, the University of Wisconsin
5Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
6Wisconsin Aerospace Authority,
the Health Insurance Risk-Sharing Plan Authority, 7the Lower Fox River Remediation Authority, the Wisconsin Economic Development
8Corporation, or the Bradley Center Sports and Entertainment Corporation for
9processing in accordance with the department's procedures.
AB40-ASA1,122h
10Section 122h. 16.765 (7) (intro.) of the statutes is amended to read:
AB40-ASA1,49,2111
16.765
(7) (intro.) When a violation of this section has been determined by the
12department, the contracting agency, the University of Wisconsin Hospitals and
13Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
14Aerospace Authority,
the Health Insurance Risk-Sharing Plan Authority, the Lower
15Fox River Remediation Authority, the Wisconsin Economic Development
16Corporation, or the Bradley Center Sports and Entertainment Corporation, the
17contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the
18Fox River Navigational System Authority, the Wisconsin Aerospace Authority,
the
19Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
20Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
21Sports and Entertainment Corporation shall:
AB40-ASA1,122i
22Section 122i. 16.765 (7) (d) of the statutes is amended to read:
AB40-ASA1,50,423
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
24further violations of this section and to report its corrective action to the contracting
25agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
1Navigational System Authority, the Wisconsin Aerospace Authority,
the Health
2Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
3Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
4Sports and Entertainment Corporation.
AB40-ASA1,122j
5Section 122j. 16.765 (8) of the statutes is amended to read:
AB40-ASA1,50,236
16.765
(8) If further violations of this section are committed during the term
7of the contract, the contracting agency, the Fox River Navigational System Authority,
8the Wisconsin Aerospace Authority,
the Health Insurance Risk-Sharing Plan
9Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic
10Development Corporation, or the Bradley Center Sports and Entertainment
11Corporation may permit the violating party to complete the contract, after complying
12with this section, but thereafter the contracting agency, the Fox River Navigational
13System Authority, the Wisconsin Aerospace Authority,
the Health Insurance
14Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, the
15Wisconsin Economic Development Corporation, or the Bradley Center Sports and
16Entertainment Corporation shall request the department to place the name of the
17party on the ineligible list for state contracts, or the contracting agency, the Fox River
18Navigational System Authority, the Wisconsin Aerospace Authority,
the Health
19Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation
20Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
21Sports and Entertainment Corporation may terminate the contract without liability
22for the uncompleted portion or any materials or services purchased or paid for by the
23contracting party for use in completing the contract.
AB40-ASA1,123
24Section
123. 16.84 (1) of the statutes is amended to read:
AB40-ASA1,51,12
116.84
(1) Have charge of, operate, maintain and keep in repair the state capitol
2building, the executive residence,
the light, heat and power plant, any heating,
3cooling, and power plants serving state properties that are owned by this state except
4those that are operated by an agency, as defined in s. 16.52 (7), or by a lessee under
5s. 13.48 (14) or 16.848 (1), the state office buildings and their power plants, the
6grounds connected therewith, and such other state properties as are designated by
7law. All costs of such operation and maintenance shall be paid from the
8appropriations under s. 20.505 (5) (ka) and (kb), except for debt service costs paid
9under s. 20.866 (1) (u). The department shall transfer moneys from the
10appropriation under s. 20.505 (5) (ka) to the appropriation account under s. 20.505
11(5) (kc) sufficient to make principal and interest payments on state facilities and
12payments to the United States under s. 13.488 (1) (m).
AB40-ASA1,124
13Section
124. 16.848 (title) of the statutes is amended to read:
AB40-ASA1,51,14
1416.848 (title)
Sale or lease of certain state property or facilities.
AB40-ASA1,125
15Section
125. 16.848 (1) of the statutes is renumbered 16.848 (1) (a) and
16amended to read:
AB40-ASA1,52,817
16.848
(1) (a) Except as provided in sub. (2), the department may offer for sale
18or lease any state-owned real property, if the department determines that the sale
19or lease is in the best interest of the state
, unless prohibited under the state or federal
20constitution or federal law or the sale is conducted as a part of a procedure to enforce
21an obligation to this state. Any sale may be either on the basis of public bids, with
22the department reserving the right to reject any bid in the
best interest of the state,
23or
on the basis of negotiated prices
as determined through a competitive or
24transparent process. If the department receives an offer to purchase
or lease
25property offered under this subsection, the department may submit a report to the
1building commission recommending acceptance of the offer. The report shall contain
2a description of the property and the reasons for the recommendation. The
3department may recommend the sale
or lease of
a parcel of property with or without
4the approval of the agency, as defined in s. 16.52 (7), having jurisdiction
of over the
5property
and regardless of whether the property is included in an inventory
6submitted under s. 13.48 (14) (d). If the building commission approves the proposed
7sale
or lease, the department
may sell the property shall submit the proposed sale
8or lease to the joint committee on finance for approval under par. (b).
AB40-ASA1,125m
9Section 125m. 16.848 (1) (b) and (c) of the statutes are created to read:
AB40-ASA1,52,1410
16.848
(1) (b) If the department proposes to sell or lease any property identified
11in par. (a), the department shall first notify the joint committee on finance in writing
12of its proposed action. The department shall not proceed with the proposed action
13unless the proposed action is approved by the committee. Together with any
14notification, the department shall also provide all of the following:
AB40-ASA1,52,1615
1. The estimated value of the property as determined by the department and
16by at least one qualified privately owned assessor.
AB40-ASA1,52,1817
2. The full cost of retiring any remaining public debt incurred to finance the
18acquisition, construction, or improvement of the property.
AB40-ASA1,52,2019
3. A cost-benefit analysis that considers the short-term and long-term costs
20and benefits to the state from selling or leasing the property.
AB40-ASA1,52,2221
4. The length and conditions of any proposed sale or lease between this state
22and a proposed purchaser or lessee.
AB40-ASA1,52,2423
5. The estimated budgetary impact of the proposed sale or lease upon affected
24state agencies for at least the current and following fiscal biennium.
AB40-ASA1,52,2525
6. Any other information requested by the committee.
AB40-ASA1,53,12
1(c) Except with respect to property identified in sub. (2), if any agency, as
2defined in s. 16.52 (7), has authority to sell or lease real property under any other law,
3the authority of that agency does not apply after the department notifies the agency
4in writing that an offer of sale or sale, or a lease agreement, is pending with respect
5to the property under this paragraph. If the sale or lease is not completed and no
6further action is pending with respect to the property, the authority of the agency to
7sell or lease the property is restored. If the department sells or leases any
8state-owned real property under this paragraph, the department may attach such
9conditions to the sale or lease as it finds to be necessary or appropriate to carry out
10the sale or lease in the best interest of the state. If the department sells or leases a
11state-owned heating, cooling, or power plant under this paragraph, the department
12may contract with the purchaser or lessee to purchase the output of the plant.
AB40-ASA1,126
13Section
126. 16.848 (1e) of the statutes is created to read:
AB40-ASA1,53,2114
16.848
(1e) If the department sells or leases any real property under sub. (1)
15that was under the jurisdiction of an agency, as defined in s. 16.52 (7), prior to the
16sale or lease, the agency shall convey all systems, fixtures, or additional property
17interests specified by the department to the purchaser or lessee of the property on
18terms specified by the department. If the department sells or leases a state-owned
19heating, cooling, or power plant that is under the jurisdiction of an agency, as defined
20in s. 16.52 (7), the agency shall convey all real and personal property associated with
21the plant to the purchaser or lessee on terms specified by the department.
AB40-ASA1,127
22Section
127. 16.848 (1m) of the statutes is created to read:
AB40-ASA1,54,223
16.848
(1m) If any property that is proposed to be sold by the department under
24sub. (1) is co-owned by a nonstate entity, the department shall afford to that entity
1the right of first refusal to purchase the share of the property owned by the state on
2reasonable financial terms established by the department.
AB40-ASA1,128
3Section
128. 16.848 (1s) of the statutes is created to read:
AB40-ASA1,54,94
16.848
(1s) (a) If the department sells or leases any facility under sub. (1) that
5is operated by an agency, as defined in s. 16.52 (7), on the day prior to the effective
6date of the sale or lease the secretary shall, notwithstanding s. 16.50 (1), require
7submission of expenditure estimates for approval under s. 16.50 (2) for each agency
8that proposes to expend moneys from any appropriation for the operation of the
9facility during the fiscal biennium in which the facility is sold or leased.
AB40-ASA1,54,2110
(b) Notwithstanding s. 16.50 (2), the secretary shall disapprove any such
11estimate for the period during which the facility is not operated by the agency.
12Subject to approval under par. (d), the secretary may then require the use of the
13amounts of any disapproved expenditure estimates for the purpose of purchase of
14contractual services from the facility or payment of the costs of purchasing services
15that were provided by the facility from an alternative source. Subject to approval
16under par. (d), if the department sells or leases a facility under this subsection, the
17secretary may identify any full-time equivalent positions authorized for the agency
18that was operating the facility the duties of which primarily relate to the
19management or operation of the facility, and may decrease the authorized full-time
20equivalent positions for the agency by the number of positions so identified effective
21on the effective date of the sale or lease.
AB40-ASA1,55,422
(c) Notwithstanding s. 20.001 (3) (a) to (c) and subject to approval under par.
23(d), the secretary may lapse or transfer to the general fund from the unencumbered
24balance of appropriations to any agency, other than sum sufficient appropriations or
25appropriations of program revenues to the Board of Regents of the University of
1Wisconsin System or appropriations of segregated or federal revenues, any amount
2appropriated to an agency that is determined by the secretary to be allocated for the
3management or operation of the facility that was sold or leased effective on the
4effective date of the sale or lease.
AB40-ASA1,55,95
(d) Prior to taking any action to reallocate authorized expenditures, decrease
6authorized positions, or lapse or transfer moneys under par. (b) or (c), the secretary
7shall submit the proposed action in writing to the joint committee on finance. The
8secretary shall not proceed with the proposed action unless the proposed action is
9approved by the committee.
AB40-ASA1,129
10Section
129. 16.848 (2) (a) of the statutes is repealed.
AB40-ASA1,129m
11Section 129m. 16.848 (2) (am) of the statutes is created to read:
AB40-ASA1,55,1412
16.848
(2) (am) Subsection (1) does not apply to any property for which the cost
13of acquisition, construction, and improvement was financed with at least 50 percent
14federal funds or at least 50 percent gift or grant funds.
AB40-ASA1,130
15Section
130. 16.848 (2) (b) of the statutes is repealed.
AB40-ASA1,131
16Section
131. 16.848 (2) (gw) of the statutes is repealed.
AB40-ASA1,131m
17Section 131m. 16.848 (2) (gx) of the statutes is created to read:
AB40-ASA1,55,1918
16.848
(2) (gx) Subsection (1) does not apply to any property that is owned or
19leased by the investment board.
AB40-ASA1,132
20Section
132. 16.848 (4) (a) of the statutes is amended to read: