2015 Wisconsin Act 55

55,272h Section 272h. 16.43 of the statutes is amended to read:

16.43 (1) The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof.

(3) The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 16.976. The secretary may distribute the budget compilation in printed or optical disk format.

55,272i Section 272i. 16.43 (2) of the statutes is created to read:

16.43 (2) When the secretary compiles the requests of agencies for the succeeding biennium, the secretary shall ensure that the data is presented as the following 3 proposals:

(a) A proposal written as if there would be no increase in expenditures of general purpose revenue, program revenue, or segregated revenue from the base levels for the current fiscal year.

(b) A proposal written as if the only increase in expenditures of general purpose revenue, program revenue, or segregated revenue from base levels would be for the cost to continue programs, including standard budget adjustments and increases in costs due to case load or population adjustments, and for the amounts necessary to fund previously enacted program commitments.

(c) The proposal submitted in par. (b) but modified to include increases in expenditures of general purpose revenue, program revenue, or segregated revenue from base levels for programmatic changes.

55,275 Section 275. 16.50 (3) (f) of the statutes is amended to read:

16.50 (3) (f) At the request of the director of the office administrator of the division of state employment relations personnel management in the department, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the director determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported quarterly to the joint committee on finance in conjunction with the report required under s. 16.54 (8).

55,277m Section 277m. 16.505 (2m) of the statutes is amended to read:

16.505 (2m) The board of regents of the University of Wisconsin System or the chancellor of the University of Wisconsin-Madison may create or abolish a full-time equivalent position or portion thereof, other than positions funded from the appropriation under s. 20.285 (1) (a). Beginning on July 1, 2015, all positions authorized for the University of Wisconsin shall not be included in any state position report. No later than the last day of the month following completion of each calendar quarter, Annually, no later than November 1, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter 12-month period and the source of funding for each such position. The report shall be based on the October 1 payroll.

55,282m Section 282m. 16.518 (3) (b) 2. of the statutes is repealed and recreated to read:

16.518 (3) (b) 2. If the amount transferred under par. (a) would cause the general fund balance on June 30 of the fiscal year, as projected under s. 20.005 (1), to be less than 2 percent of the total general purpose revenue appropriations for that fiscal year, plus any amount from general purpose revenue designated as "Compensation Reserves" for that fiscal year in the summary under s. 20.005 (1), the secretary may not make the transfer under par. (a).

55,282s Section 282s. 16.52 (6) (a) of the statutes is amended to read:

16.52 (6) (a) Except as authorized in s. ss. 16.74 and 16.745, all purchase orders, contracts, or printing orders for any agency, as defined in s. 16.70 (1e), shall, before any liability is incurred thereon, be submitted to the secretary for his or her approval as to legality of purpose and sufficiency of appropriated and allotted funds therefor. In all such cases the date of the contract or order governs the fiscal year to which the contract or order is chargeable, unless the secretary determines that the purpose of the contract or order is to prevent lapsing of appropriations or to otherwise circumvent budgetary intent. Upon such approval, the The secretary, after granting any approval required under this paragraph, shall immediately encumber all contracts or orders, and indicate the fiscal year to which they are chargeable.

55,292 Section 292. 16.528 (3) (f) of the statutes is created to read:

16.528 (3) (f) A contract under s. 977.08 (3) (f).

55,293d Section 293d. 16.529 (1) of the statutes is repealed and recreated to read:

16.529 (1) In this section, "state agency" has the meaning given in s. 40.02 (54).

55,293h Section 293h. 16.529 (2) of the statutes is amended to read:

16.529 (2) Notwithstanding ss. 20.001 (3) (a) to (c) and 25.40 (3), beginning in the 2007-09 fiscal biennium, during each fiscal biennium the secretary shall lapse to the general fund or transfer to the general fund from each state agency appropriation specified in sub. (3) an amount equal to that portion of the total amount of principal and interest to be paid on obligations issued under s. 16.527 during the fiscal biennium that is allocable to the appropriation, as determined under sub. (3). The secretary may require that a state agency pay the amount directly to the state in lieu of lapsing or transferring the amount to the general fund.

55,293p Section 293p. 16.529 (3) (d) of the statutes is created to read:

16.529 (3) (d) For purposes of calculating the amount allocable to the University of Wisconsin Hospitals and Clinics Authority under par. (b), the secretary shall include any amount allocable to the former University of Wisconsin Hospitals and Clinics Board, which was eliminated in 2011 Wisconsin Act 10, based on the number of employees at the University of Wisconsin Hospitals and Clinics Board on the day on which it was eliminated, as calculated by the secretary.

55,307 Section 307. 16.57 of the statutes is repealed.

55,316d Section 316d. 16.641 (2) (i) of the statutes is created to read:

16.641 (2) (i) Before December 31 of each year, beginning in 2015, ensure that the account balance limitation under sub. (3) (bm) is increased for the subsequent year. The annual increase shall be equal to a percentage that is not less than the most recently published national average tuition and fees percentage increase at private, nonprofit 4-year institutions, as determined by the College Board, or such other nationally reputable entity, and shall be subject to the requirements under 26 USC 529 that pertain to the prohibition on excess contributions.

55,316de Section 316de. 16.641 (3) (bm) of the statutes is created to read:

16.641 (3) (bm) Beginning on August 1, 2015, no contribution may be made to an account if the contribution would cause the account balance of a beneficiary's account, or the combined balance of all accounts of a beneficiary, to exceed $425,000. This contribution limitation applies to all accounts that are established on and after that date, and to all accounts that are in existence on that date that have not yet reached the balance limit specified in this paragraph, subject to the annual increase described in sub. (2) (i).

55,316e Section 316e. 16.643 of the statutes is created to read:

16.643 Support accounts for individuals with disabilities. (1) Definitions. In this section:

(a) "Account owner" means an individual who establishes, and owns, an account under this section and who is one of the following:

1. The beneficiary of the account.

2. If the beneficiary is a minor or otherwise incapable of handling his or her financial affairs, the parent or guardian of the beneficiary.

(b) "Beneficiary" means an eligible individual for whom an account is established under this section.

(c) "Eligible individual" has the meaning given in 26 USC 529A.

(d) "Financial institution" means any bank, savings bank, savings and loan association, or credit union that is authorized to do business under state or federal laws relating to financial institutions.

(e) "Qualified expenses" has the meaning given for "qualified disability expenses" under 26 USC 529A.

(2) Duties of the department. The department shall do all of the following:

(a) Ensure that an account established under this section meets the requirements of a qualified ABLE program under 26 USC 529A.

(b) Promulgate rules to implement and administer this section.

(3) Account owners; beneficiaries; contributions; termination of accounts. (a) An account owner may do all of the following:

1. Establish an account under this section at a financial institution.

2. Change the beneficiary of an account to a family member, as defined in 26 USC 529A, of the previous beneficiary, if the new beneficiary is an eligible individual.

3. If the account owner is not the beneficiary, terminate an account upon the death of a beneficiary if the account owner is unable to change the beneficiary under subd. 2.

(b) An individual may not be the beneficiary of more than one account established under this section.

(c) 1. The maximum total amount of annual contributions that may be made to an account established under this section for a particular beneficiary is the amount described in 26 USC 529A (b) (2) (B).

2. The maximum total amount of all annual contributions that may be made to an account established under this section for a particular beneficiary is the same as the maximum aggregate contribution limit to an account described under s. 16.641, as set by the college program savings board.

3. If any person attempts to contribute to an account established under this section and that contribution would exceed one or both of the limits specified in this paragraph, the financial institution to which the contribution is sent shall return to the prospective contributor any amount of the attempted contribution that is necessary to prevent the limits from being exceeded.

4. If more than one person attempts to contribute to an account established under this section and such contributions would exceed the limits specified in this paragraph, and if the attempted contributions arrive at the financial institution on the same day, the financial institution to which the contributions are sent shall return to the prospective contributors any amount of the attempted contributions, on a prorated basis, that is necessary to prevent the limits from being exceeded.

(d) Upon the death of the beneficiary who is the account owner the account shall terminate, and upon the termination of an account as described in par. (a) 3., any amount remaining in the account shall be recoverable by the state under s. 49.849 as property of a decedent is recoverable under that statute. Any amount that remains in the account following such recovery under s. 49.849 shall be paid to the account owner's estate. Recovery authorized under this paragraph may relate only to public assistance received by a beneficiary on and after the date on which an account is established under this section.

(4) Payment of claims. If a beneficiary incurs costs for qualified expenses, the financial institution shall pay such expenses if sufficient funds to do so are in the account.

(5) Eligibility for long-term care programs. A person who is determining eligibility for an individual for a long-term care program under s. 46.27, 46.275, or 46.277, the family care benefit under s. 46.286, the family care partnership program, the long-term care program defined in s. 46.2899 (1), or any other demonstration program or program operated under a waiver of federal medicaid law that provides long-term care benefits shall exclude from the determination any income from assets accumulated in an account created under this section for a beneficiary.

55,316p Section 316p. 16.70 (1e) of the statutes is amended to read:

16.70 (1e) "Agency" means an office, department, 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 or the University of Wisconsin System.

55,320m Section 320m. 16.705 (1b) (a) of the statutes is amended to read:

16.705 (1b) (a) The service award board department under s. 16.25 (4) (b).

55,321 Section 321. 16.705 (1r) (d) of the statutes is repealed.

55,322 Section 322. 16.705 (1r) (e) of the statutes is repealed.

55,323b Section 323b. 16.705 (2) (a) of the statutes is amended to read:

16.705 (2) (a) The department shall promulgate rules for the procurement of contractual services by the department and its designated agents, including but not limited to rules prescribing approval and monitoring processes for contractual service contracts; except as provided in par. (b), a requirement for agencies, except for the University of Wisconsin System, to conduct a uniform cost-benefit analysis of each proposed contractual service procurement involving an estimated expenditure of more than $50,000 in accordance with standards prescribed in the rules; and, except as provided in par. (b), a requirement for agencies, except for the University of Wisconsin System, to review periodically, and before any renewal, the continued appropriateness of contracting under each contractual services agreement involving an estimated expenditure of more than $50,000.

55,326q Section 326q. 16.71 (1) of the statutes is amended to read:

16.71 (1) Except as otherwise required under this section and s. 16.78 or as authorized in s. 16.74 or 16.745, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.

55,327b Section 327b. 16.71 (1m) of the statutes is amended to read:

16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. The department may delegate this authority to the University of Wisconsin-Madison. No Except as provided in s. 16.745, no executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. The University of Wisconsin-Madison may enter into any such contract without review and approval by the department. Any executive branch agency that enters into a contract, except for a contract entered into under s. 16.745, relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System or to the University of Wisconsin-Madison is subject to the limitations prescribed in s. 36.585.

55,327d Section 327d. 16.71 (1m) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. The department may delegate this authority to the University of Wisconsin-Madison. Except as provided in s. 16.745, no executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. The University of Wisconsin-Madison may enter into any such contract without review and approval by the department. Any executive branch agency that enters into a contract, except for a contract entered into under s. 16.745, relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System or to the University of Wisconsin-Madison is subject to the limitations prescribed in s. 36.585.

55,328 Section 328. 16.71 (4) of the statutes is repealed.

55,328m Section 328m. 16.71 (5) of the statutes is repealed.

55,330n Section 330n. 16.72 (4) (a) of the statutes is amended to read:

16.72 (4) (a) Except as provided in ss. 16.71 and, 16.74, and 16.745 or as otherwise provided in this subchapter and the rules promulgated under s. ss. 16.74 and 16.745 and this subchapter, all supplies, materials, equipment and contractual services shall be purchased for and furnished to any agency only upon requisition to the department. The department shall prescribe the form, contents, number and disposition of requisitions and shall promulgate rules as to time and manner of submitting such requisitions for processing. No agency or officer may engage any person to perform contractual services without the specific prior approval of the department for each such engagement. Purchases of supplies, materials, equipment or contractual services under s. 16.745 or by the legislature, the courts , or legislative service or judicial branch agencies do not require approval under this paragraph.

55,332b Section 332b. 16.73 (5) of the statutes is repealed and recreated to read:

16.73 (5) The department or its agents may enter into an agreement with the University of Wisconsin System under which either of the parties may agree to participate in, administer, or conduct purchasing transactions under a contract for the purchase of materials, supplies, equipment, permanent personal property, miscellaneous capital, or contractual services.

55,333r Section 333r. 16.745 of the statutes is created to read:

16.745 Department of employee trust funds and governing boards purchasing. (1) All supplies, materials, equipment, and contractual services required by the department of employee trust funds and any of its governing boards shall be purchased by the department of employee trust funds and its governing boards. The department of employee trust funds and its governing boards shall maintain copies of all purchasing requisitions and contracts and shall permit inspection and copying of the requisitions and contracts under subch. II of ch. 19. No such requisition or contract need be filed with the department of administration.

(2) (a) The department of employee trust funds shall file all bills and statements for purchases and engagements it makes under this section with the secretary, who shall audit and authorize payment of all bills and statements.

(b) Any governing board shall file all bills and statements for purchases and engagements it makes under this section with the secretary, who shall audit and authorize payment of all bills and statements.

(3) The department of administration shall, upon request, make recommendations and furnish assistance to the department of employee trust funds and its governing boards regarding purchasing procedure. The department of administration shall, upon request, process requisitions for purchases submitted by the department of employee trust funds or a governing board and shall procure materials, supplies, equipment, and services for the department of employee trust funds or a governing board in accordance with the purchasing procedure prescribed for executive branch agencies under this subchapter.

55,334c Section 334c. 16.75 (1) (a) 2. of the statutes is amended to read:

16.75 (1) (a) 2. If a vendor is not a Wisconsin producer, distributor, supplier or retailer and the department determines that the state, foreign nation or subdivision thereof in which the vendor is domiciled grants a preference to vendors domiciled in that state, nation or subdivision in making governmental purchases, the department and any agency making purchases under s. 16.74 or 16.745 shall give a preference over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any, when awarding the order or contract. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subdivision.

55,339n Section 339n. 16.75 (3m) (b) of the statutes is amended to read:

16.75 (3m) (b) 1. The department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 or 16.745 shall attempt to ensure that 5 percent of the total amount expended under this subchapter in each fiscal year is paid to minority businesses.

2. The department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 or 16.745 shall attempt to ensure that at least 1 percent of the total amount expended under this subchapter in each fiscal year is paid to disabled veteran-owned businesses.

3. Except as provided under sub. (7), the department, any agency to which the department delegates purchasing authority under s. 16.71 (1), and any agency making purchases under s. 16.74 or 16.745 may purchase materials, supplies, equipment, and contractual services from any minority business or disabled veteran-owned business, or a business that is both a minority business and a disabled veteran-owned business, submitting a qualified responsible competitive bid that is no more than 5 percent higher than the apparent low bid or competitive proposal that is no more than 5 percent higher than the most advantageous proposal. In administering the preference for minority businesses or disabled veteran-owned businesses established in this paragraph, the department, the delegated agency, and any agency making purchases under s. 16.74 or 16.745 shall maximize the use of minority businesses or disabled veteran-owned businesses which are incorporated under ch. 180 or which have their principal place of business in this state.

55,342 Section 342. 16.75 (3t) (c) (intro.) of the statutes is amended to read:

16.75 (3t) (c) (intro.) The department of corrections shall periodically provide to the department of administration a current list of all materials, supplies, equipment or contractual services, excluding commodities, that are supplied by prison industries, as created under s. 303.01. The department of administration shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed proposals with respect to the purchase of any materials, supplies, equipment or contractual services enumerated in the list, the department of administration or any other designated purchasing agent under s. 16.71 (1) shall offer prison industries the opportunity to supply the materials, supplies, equipment or contractual services if the department of corrections is able to provide them at a price that is equal to or lower than comparable to one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications. If the department of administration or other purchasing agent is unable to determine whether the price of prison industries is equal to or lower than comparable to one obtained through competitive bidding or competitive sealed proposals, it may solicit bids or competitive proposals before awarding the order or contract. This paragraph does not apply to the printing of the following forms:

55,343 Section 343. 16.75 (3t) (c) 1. of the statutes is repealed.

55,344 Section 344. 16.75 (3t) (c) 6. of the statutes is repealed.

55,345b Section 345b. 16.75 (8) (am) of the statutes is amended to read: