AB21,144,64
16.75
(3m) (a) 3. "Disabled veteran-owned investment firm" means an
5investment firm certified
by the department of administration under s.
16.283 6203.03 (3).
AB21,339
7Section
339. 16.75 (3m) (a) 4. of the statutes is amended to read:
AB21,144,98
16.75
(3m) (a) 4. "Minority business" means a business certified
by the
9department of administration under s.
16.287
203.07 (2).
AB21,340
10Section
340. 16.75 (3m) (c) 5. a. of the statutes is amended to read:
AB21,144,1611
16.75
(3m) (c) 5. a. In determining whether a purchase, contract, or subcontract
12complies with the goal established under par. (b) 1. or 2. or s. 16.855 (10m) (am) 1.
13or 2., 16.87 (2) (b) or (c), or 25.185 (2) (a) or (b), the department shall include only
14amounts paid to businesses, financial advisers, and investment firms certified
by the
15department of administration under s.
16.283
203.03 or
16.287 203.07 (2), whichever
16is appropriate.
AB21,341
17Section
341. 16.75 (3m) (c) 5. b. of the statutes is amended to read:
AB21,144,2118
16.75
(3m) (c) 5. b. In determining whether a purchase, contract, or subcontract
19is made with a disabled veteran-owned business, the department shall include only
20amounts paid to disabled veteran-owned businesses certified
by the department of
21administration under s.
16.283 203.03 (3).
AB21,342
22Section
342. 16.75 (3t) (c) (intro.) of the statutes is amended to read:
AB21,145,1523
16.75
(3t) (c) (intro.) The department of corrections shall periodically provide
24to the department of administration a current list of all materials, supplies,
25equipment or contractual services, excluding commodities, that are supplied by
1prison industries, as created under s. 303.01. The department of administration
2shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except
3as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed
4proposals with respect to the purchase of any materials, supplies, equipment or
5contractual services enumerated in the list, the department of administration or any
6other designated purchasing agent under s. 16.71 (1) shall offer prison industries the
7opportunity to supply the materials, supplies, equipment or contractual services if
8the department of corrections is able to provide them at a price that is
equal to or
9lower than comparable to one which may be obtained through competitive bidding
10or competitive sealed proposals and is able to conform to the specifications. If the
11department of administration or other purchasing agent is unable to determine
12whether the price of prison industries is
equal to or lower than comparable to one
13obtained through competitive bidding or competitive sealed proposals, it may solicit
14bids or competitive proposals before awarding the order or contract. This paragraph
15does not apply to the printing of the following forms:
AB21,343
16Section
343. 16.75 (3t) (c) 1. of the statutes is repealed.
AB21,344
17Section
344. 16.75 (3t) (c) 6. of the statutes is repealed.
AB21,345
18Section
345. 16.75 (8) of the statutes is amended to read:
AB21,145,2519
16.75
(8) (am) The department, any other designated purchasing agent under
20s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
21than the University of Wisconsin Hospitals and Clinics Authority
, the University of
22Wisconsin System Authority, and the Lower Fox River Remediation Authority shall,
23to the extent practicable, make purchasing selections using specifications developed
24under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled
25materials and recovered materials.
AB21,146,6
1(bm) Each agency and authority other than the University of Wisconsin
2Hospitals and Clinics Authority
, the University of Wisconsin System Authority, and
3the Lower Fox River Remediation Authority shall ensure that the average recycled
4or recovered content of all paper purchased by the agency or authority measured as
5a proportion, by weight, of the fiber content of paper products purchased in a fiscal
6year, is not less than 40% of all purchased paper.
AB21,346
7Section
346. 16.75 (12) (a) 1. of the statutes is amended to read:
AB21,146,118
16.75
(12) (a) 1. "Agency" means the department of administration, the
9department of corrections, the department of health services, the department of
10public instruction,
and the department of veterans affairs
, and the Board of Regents
11of the University of Wisconsin System.
AB21,347
12Section
347. 16.765 (1) of the statutes is amended to read:
AB21,146,2313
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
14Clinics Authority,
the University of Wisconsin System Authority, the Fox River
15Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
16River Remediation Authority,
the Wisconsin Economic Development Corporation, 17and the Bradley Center Sports and Entertainment Corporation shall include in all
18contracts executed by them a provision obligating the contractor not to discriminate
19against any employee or applicant for employment because of age, race, religion,
20color, handicap, sex, physical condition, developmental disability as defined in s.
2151.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and,
22except with respect to sexual orientation, obligating the contractor to take
23affirmative action to ensure equal employment opportunities.
AB21,348
24Section
348. 16.765 (2) of the statutes is amended to read:
AB21,147,18
116.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
2Clinics Authority,
the University of Wisconsin System Authority, the Fox River
3Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
4River Remediation Authority,
the Wisconsin Economic Development Corporation, 5and the Bradley Center Sports and Entertainment Corporation shall include the
6following provision in every contract executed by them: "In connection with the
7performance of work under this contract, the contractor agrees not to discriminate
8against any employee or applicant for employment because of age, race, religion,
9color, handicap, sex, physical condition, developmental disability as defined in s.
1051.01 (5), sexual orientation or national origin. This provision shall include, but not
11be limited to, the following: employment, upgrading, demotion or transfer;
12recruitment or recruitment advertising; layoff or termination; rates of pay or other
13forms of compensation; and selection for training, including apprenticeship. Except
14with respect to sexual orientation, the contractor further agrees to take affirmative
15action to ensure equal employment opportunities. The contractor agrees to post in
16conspicuous places, available for employees and applicants for employment, notices
17to be provided by the contracting officer setting forth the provisions of the
18nondiscrimination clause".
AB21,349
19Section
349. 16.765 (4) of the statutes is amended to read:
AB21,147,2520
16.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
21Clinics Authority,
the University of Wisconsin System Authority, the Fox River
22Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
23River Remediation Authority, and the Bradley Center Sports and Entertainment
24Corporation shall take appropriate action to revise the standard government
25contract forms under this section.
AB21,350
1Section
350. 16.765 (5) of the statutes is amended to read:
AB21,148,182
16.765
(5) The head of each contracting agency and the boards of directors of
3the University of Wisconsin Hospitals and Clinics Authority,
the University of
4Wisconsin System Authority, the Fox River Navigational System Authority, the
5Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
6Wisconsin Economic Development Corporation, and the Bradley Center Sports and
7Entertainment Corporation shall be primarily responsible for obtaining compliance
8by any contractor with the nondiscrimination and affirmative action provisions
9prescribed by this section, according to procedures recommended by the department.
10The department shall make recommendations to the contracting agencies and the
11boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
12the University of Wisconsin System Authority, the Fox River Navigational System
13Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation
14Authority,
the Wisconsin Economic Development Corporation, and the Bradley
15Center Sports and Entertainment Corporation for improving and making more
16effective the nondiscrimination and affirmative action provisions of contracts. The
17department shall promulgate such rules as may be necessary for the performance of
18its functions under this section.
AB21,351
19Section
351. 16.765 (6) of the statutes is amended to read:
AB21,149,320
16.765
(6) The department may receive complaints of alleged violations of the
21nondiscrimination provisions of such contracts. The department shall investigate
22and determine whether a violation of this section has occurred. The department may
23delegate this authority to the contracting agency, the University of Wisconsin
24Hospitals and Clinics Authority,
the University of Wisconsin System Authority, the
25Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
1Lower Fox River Remediation Authority,
the Wisconsin Economic Development
2Corporation, or the Bradley Center Sports and Entertainment Corporation for
3processing in accordance with the department's procedures.
AB21,352
4Section
352. 16.765 (7) (intro.) of the statutes is amended to read:
AB21,149,145
16.765
(7) (intro.) When a violation of this section has been determined
by the
6department, the contracting agency, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
9Economic Development Corporation, or the Bradley Center Sports and
10Entertainment Corporation, the contracting agency, the University of Wisconsin
11Hospitals and Clinics Authority,
the University of Wisconsin System Authority, the
12Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
13Lower Fox River Remediation Authority, the
Wisconsin Economic Development
14Corporation, or the Bradley Center Sports and Entertainment Corporation shall:
AB21,353
15Section
353. 16.765 (7) (d) of the statutes is amended to read:
AB21,149,2216
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
17further violations of this section and to report its corrective action to the contracting
18agency, the University of Wisconsin Hospitals and Clinics Authority,
the University
19of Wisconsin System Authority, the Fox River Navigational System Authority, the
20Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
21Wisconsin Economic Development Corporation, or the Bradley Center Sports and
22Entertainment Corporation.
AB21,354
23Section
354. 16.765 (8) of the statutes is amended to read:
AB21,150,1424
16.765
(8) If further violations of this section are committed during the term
25of the contract, the contracting agency, the Fox River Navigational System Authority,
1the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
2Wisconsin Economic Development Corporation, or the Bradley Center Sports and
3Entertainment Corporation may permit the violating party to complete the contract,
4after complying with this section, but thereafter the contracting agency, the Fox
5River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower
6Fox River Remediation Authority,
the Wisconsin Economic Development
7Corporation, or the Bradley Center Sports and Entertainment Corporation shall
8request the department to place the name of the party on the ineligible list for state
9contracts, or the contracting agency, the Fox River Navigational System Authority,
10the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
11Wisconsin Economic Development Corporation, or the Bradley Center Sports and
12Entertainment Corporation may terminate the contract without liability for the
13uncompleted portion or any materials or services purchased or paid for by the
14contracting party for use in completing the contract.
AB21,355
15Section
355. 16.78 (1) of the statutes is amended to read:
AB21,151,416
16.78
(1) Every agency other than
the board of regents of the University of
17Wisconsin System, the University of Wisconsin-Madison, or an agency making
18purchases under s. 16.74 shall make all purchases of materials, supplies, equipment,
19and contractual services relating to information technology or telecommunications
20from the department, unless the department requires the agency to purchase the
21materials, supplies, equipment, or contractual services pursuant to a master
22contract established under s. 16.972 (2) (h), or grants written authorization to the
23agency to procure the materials, supplies, equipment, or contractual services under
24s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual
25services from another agency or to provide the materials, supplies, equipment, or
1contractual services to itself.
The board of regents of the University of Wisconsin
2System and the University of Wisconsin-Madison may make purchases of materials,
3supplies, equipment, and contractual services relating to information technology or
4telecommunications from the department.
AB21,356
5Section
356. 16.838 (1) (b) of the statutes is amended to read:
AB21,151,76
16.838
(1) (b) "Authority" means a body created under subch. II of ch. 114 or
7ch.
36, 231, 232, 233,
234, or 237.
AB21,357
8Section
357. 16.84 (10) of the statutes is amended to read:
AB21,151,179
16.84
(10) Approve the design, structure, composition, location and
10arrangements made for the care and maintenance of all public monuments,
11memorials, or works of art which shall be constructed by or become the property of
12the state by purchase wholly or in part from state funds, or by gift or otherwise. "Work
13of art" means any painting, portrait, mural decoration, stained glass, statue,
14bas-relief, ornament, tablets, fountain or any other article or structure of a
15permanent character intended for decoration or commemoration. This subsection
16does not apply to public monuments, memorials or works of art which are or will
17become property of the
University of Wisconsin System or the historical society.
AB21,358
18Section
358. 16.845 (1) of the statutes is amended to read:
AB21,152,1219
16.845
(1) Rule; penalty. Except as elsewhere expressly prohibited, the
20managing authority of any facility owned by the state or by the University of
21Wisconsin Hospitals and Clinics Authority
or the University of Wisconsin System
22Authority or leased from the state by the Fox River Navigational System Authority
23may permit its use for free discussion of public questions, or for civic, social,
24recreational or athletic activities. No such use shall be permitted if it would unduly
25burden the managing authority or interfere with the prime use of such facility. The
1applicant for use shall be liable to the state, to the Fox River Navigational System
2Authority,
to the University of Wisconsin System Authority, or to the University of
3Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any
4expense arising out of any such use and for such sum as the managing authority may
5charge for such use. All such sums payable to the state shall be paid into the general
6fund and credited to the appropriation account for the operation of the facility used.
7The managing authority may permit such use notwithstanding the fact that a
8reasonable admission fee may be charged to the public. Whoever does or attempts
9to do an act for which a permit is required under this section without first obtaining
10the permit may be fined not more than $100 or imprisoned not more than 30 days
11or both. This subsection applies only to those facilities for which a procedure for
12obtaining a permit has been established by the managing authority.
AB21,359
13Section
359. 16.847 (1) (b) of the statutes is amended to read:
AB21,152,1614
16.847
(1) (b) "State facilities" means all property owned and operated by the
15state for the purpose of carrying out usual state functions
, including each institution
16within the University of Wisconsin System.
AB21,360
17Section
360. 16.848 (1s) (c) of the statutes is amended to read:
AB21,152,2518
16.848
(1s) (c) Notwithstanding s. 20.001 (3) (a) to (c) and subject to approval
19under par. (d), the secretary may lapse or transfer to the general fund from the
20unencumbered balance of appropriations to any agency, other than
sum sufficient
21appropriations or appropriations of program revenues to the Board of Regents of the
22University of Wisconsin System or appropriations of segregated or federal revenues,
23any amount appropriated to an agency that is determined by the secretary to be
24allocated for the management or operation of the facility that was sold or leased
25effective on the effective date of the sale or lease.
AB21,361
1Section
361. 16.848 (2) (c) of the statutes is repealed.
AB21,362
2Section
362. 16.848 (2) (em) of the statutes is created to read:
AB21,153,43
16.848
(2) (em) Subsection (1) does not apply to property that is subject to the
4lease agreement under s. 36.11 (27m) (a).
AB21,363
5Section
363. 16.848 (2) (gr) of the statutes is amended to read:
AB21,153,76
16.848
(2) (gr) Subsection (1) does not apply to land that is sold or traded by
7the Kickapoo reserve management board under s.
41.41
23.0927 (7).
AB21,364
8Section
364. 16.85 (1) of the statutes is amended to read:
AB21,153,239
16.85
(1) To take charge of and supervise all engineering or architectural
10services or construction work, as defined in s. 16.87 (1) (a), performed by, or for, the
11state, or any department, board, institution, commission, or officer of the state,
12including nonprofit-sharing corporations organized for the purpose of assisting the
13state in the construction and acquisition of new buildings or improvements and
14additions to existing buildings as contemplated under
ss. s. 13.488,
36.09, and 36.11,
15except work to be performed for the University of Wisconsin System with respect to
16a building, structure, or facility involving a cost of less than $500,000 that is funded
17entirely with the proceeds of gifts or grants made to the system, and except the
18engineering, architectural, and construction work of the department of
19transportation; and the engineering service performed by the department of safety
20and professional services, department of revenue, public service commission,
21department of health services, and other departments, boards, and commissions
22when the service is not related to the maintenance, and construction and planning,
23of the physical properties of the state.
AB21,365
24Section
365. 16.85 (2) of the statutes is amended to read:
AB21,154,10
116.85
(2) To furnish engineering, architectural, project management, and other
2building construction services whenever requisitions therefor are presented to the
3department by any agency. The department may deposit moneys received from the
4provision of these services in the account under s. 20.505 (1) (kc) or in the general
5fund as general purpose revenue — earned. In this subsection, "agency" means an
6office, department, independent agency, institution of higher education, association,
7society, or other body in state government created or authorized to be created by the
8constitution or any law, which is entitled to expend moneys appropriated by law,
9including the legislature and the courts, but not including an authority created in
10subch. II of ch. 114 or in ch.
36, 231, 233,
234 235, 237,
238, or 279.
AB21,366
11Section
366. 16.85 (12) of the statutes is amended to read:
AB21,154,2412
16.85
(12) To review and approve plans and specifications for any building or
13structure that is constructed for the benefit of the University of Wisconsin System
14Authority or any institution thereof, and to periodically review the progress of any
15such building or structure during construction to assure compliance with the
16approved plans and specifications. This subsection
does not apply applies to any
17building, structure, or facility that is constructed
.
, remodeled, repaired, renewed, or
18expanded for the University of Wisconsin System
involving a cost of less than
19$500,000 Authority if the project
is financed from general purpose revenues. If a
20project is not financed from general purpose revenues, this subsection does not apply,
21except that if such project is
not funded entirely from the proceeds of gifts or grants
22made to the
system University of Wisconsin System Authority, and the cost of such
23project is at least $760,000, the department shall conduct the bidding process for the
24project at no cost to the authority.
AB21,367
25Section
367. 16.85 (14) of the statutes is amended to read:
AB21,155,9
116.85
(14) To review and approve the design and specifications of any
2construction or improvement project of the University of Wisconsin Hospitals and
3Clinics Authority on state-owned land, to approve the decision to construct any such
4construction or improvement project and to periodically review the progress of the
5project during construction to assure compliance with the approved design and
6specifications. This subsection does not apply to any construction or improvement
7project of the authority that costs less than the amount that is required to be specified
8in the lease agreement between the authority and the
board of regents Board of
9Regents of the University of Wisconsin System
Authority under s. 233.04 (7) (d).
AB21,368
10Section
368. 16.854 (1) (a) of the statutes is amended to read:
AB21,155,1211
16.854
(1) (a) "Minority business" has the meaning given in s.
16.287 203.07 12(1) (e).
AB21,369
13Section
369. 16.854 (1) (b) of the statutes is amended to read:
AB21,155,1514
16.854
(1) (b) "Minority group member" has the meaning given in s.
16.287 15203.07 (1) (f).
AB21,370
16Section
370. 16.855 (1m) of the statutes is amended to read:
AB21,155,2217
16.855
(1m) The department shall let by contract to the lowest qualified
18responsible bidder all construction work when the estimated construction cost of the
19project exceeds $50,000, except for construction work authorized under s. 16.858 and
20except as provided in sub. (1r) or (10m) or s. 13.48 (19)
(a). If factors other than dollar
21amounts are required to be evaluated for a project, the department shall specify a
22formula that will convert the other factors into a dollar value for comparison.
AB21,371
23Section
371. 16.855 (10m) (ac) of the statutes is amended to read:
AB21,156,3
116.855
(10m) (ac) In this subsection, "disabled veteran-owned business"
2means a business certified
by the department of administration under s.
16.283 3203.03 (3).
AB21,372
4Section
372. 16.855 (10n) (a) of the statutes is amended to read:
AB21,156,65
16.855
(10n) (a) In this subsection, "minority group member" has the meaning
6given in s.
16.287 203.07 (1) (f).
AB21,373
7Section
373. 16.855 (13) (a) 2. of the statutes is amended to read:
AB21,156,138
16.855
(13) (a) 2. In any project under this section that is let under s. 13.48 (19)
9(a), the department shall identify, as provided under par. (b), the mechanical,
10electrical, or plumbing subcontractors who have submitted the lowest bids and who
11are qualified responsible bidders. The contractor awarded a contract under s. 13.48
12(19)
(a) shall contract with the mechanical, electrical, or plumbing subcontractors so
13identified.
AB21,374
14Section
374. 16.855 (14) (am) of the statutes is amended to read:
AB21,156,1815
16.855
(14) (am) Except as provided in s. 13.48 (19)
(a), the department shall
16let all construction projects that exceed $185,000 through single prime contracting.
17The department may not request or accept any alternate bids when letting a
18construction project through single prime contracting.
AB21,375
19Section
375. 16.855 (20) of the statutes is repealed.
AB21,376
20Section
376. 16.855 (22) of the statutes is amended to read:
AB21,157,621
16.855
(22) The provisions of this section, except sub. (10m), do not apply to
22construction work for any project that does not
require the prior approval of the
23building commission under s. 13.48 (10) (a) involve an expenditure that exceeds
24$185,000 if the project is constructed in accordance with policies and procedures
25prescribed by the building commission under s. 13.48 (29). If the estimated
1construction cost of any project, other than a project constructed by or for the
2University of Wisconsin System that is exempted under sub. (23), is at least $50,000,
3and the building commission elects to utilize the procedures prescribed under s.
413.48 (29) to construct the project, the department shall provide adequate public
5notice of the project and the procedures to be utilized to construct the project on a
6publicly accessible computer site.
AB21,377
7Section
377
. 16.855 (22) of the statutes, as affected by 2015 Wisconsin Act ....
8(this act), is amended to read:
AB21,157,189
16.855
(22) The provisions of this section, except sub. (10m), do not apply to
10construction work for any project that does not involve an expenditure that exceeds
11$185,000 if the project is constructed in accordance with policies and procedures
12prescribed by the building commission under s. 13.48 (29). If the estimated
13construction cost of any project
, other than a project constructed by or for the
14University of Wisconsin System that is exempted under sub. (23), is at least $50,000,
15and the building commission elects to utilize the procedures prescribed under s.
1613.48 (29) to construct the project, the department shall provide adequate public
17notice of the project and the procedures to be utilized to construct the project on a
18publicly accessible computer site.
AB21,378
19Section
378. 16.855 (23) of the statutes is amended to read:
AB21,157,2320
16.855
(23) This section does not apply to construction work for any project
21constructed by or for the University of Wisconsin System involving a cost of less than
22$500,000 $760,000 that is funded entirely with the proceeds of gifts and grants made
23to the system.
AB21,379
24Section
379. 16.855 (23) of the statutes, as affected by 2015 Wisconsin Act ....
25(this act), is repealed.