SB21: Bill Text

SB21,294 Section 294. 16.529 (2) of the statutes is amended to read:

SB21,131,20 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.

SB21,295 Section 295. 16.53 (1) (d) 4. of the statutes is amended to read:

SB21,132,3 16.53 (1) (d) 4. The secretary may promulgate rules pertaining to the administration of earnings garnishment actions under s. 812.42 whenever the state is the garnishee in such actions. In any earnings garnishment action where the judgment debtor is employed by the University of Wisconsin System, the secretary may require the appropriate payroll processing center for the University of Wisconsin System to directly process necessary forms, papers, deductions and checks, share drafts or other drafts in connection with such action.

SB21,296 Section 296. 16.53 (2) of the statutes is amended to read:

SB21,132,13 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. 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 in ch. 36, 231, 233, 234 235, 237, 238, or 279.

SB21,297 Section 297. 16.53 (7) of the statutes is amended to read:

SB21,132,19 16.53 (7) Certification of boards, evidence of correctness of account. The certificate of the proper officers of the board of regents of the University of Wisconsin System, the department of health services, or the proper officers of any other board or commission organized or established by the state, shall in all cases be evidence of the correctness of any account which may be certified by them.

SB21,298 Section 298. 16.53 (10) (a) of the statutes is amended to read:

SB21,133,12 16.53 (10) (a) If an emergency arises which requires the department to draw vouchers for payments which will be in excess of available moneys in any state fund, the secretary, after notifying the joint committee on finance under par. (b), may prorate and establish priority schedules for all payments within each fund, including those payments for which a specific payment date is provided by statute, except as otherwise provided in this paragraph. The secretary shall draw all vouchers according to the preference provided in this paragraph. All direct or indirect payments of principal or interest on state bonds and notes issued under subch. I of ch. 18 and payments due, if any, under an agreement or ancillary arrangement entered into under s. 18.06 (8) (a) relating to any public debt contracted under subchs. I and IV of ch. 18 have first priority. All direct or indirect payments of principal or interest on state notes issued under subch. III of ch. 18 s. 16.526 have 2nd priority. No payment having a 1st or 2nd priority may be prorated or reduced under this subsection. All state employee payrolls have 3rd priority. The secretary shall draw all remaining vouchers according to a priority determined by the secretary. The secretary shall maintain records of all claims prorated under this subsection.

SB21,299 Section 299. 16.531 (1) of the statutes is amended to read:

SB21,133,19 16.531 (1) At least 15 days prior to the beginning of any calendar quarter in which the secretary anticipates that it may be necessary to exercise the authority conferred in s. 16.53 (10) (a) or 20.002 (11) (a) or to incur financial obligations and issue operating notes under subch. III of ch. 18 s. 16.526, the secretary shall submit a plan to the joint committee on finance describing the specific nature of any proposed action that may be required.

SB21,300 Section 300. 16.531 (2) of the statutes is amended to read:

SB21,134,4 16.531 (2) If the secretary determines during any calendar quarter that action under s. 16.526, 16.53 (10) (a) or 20.002 (11) or subch. III of ch. 18 should be taken that is different from the action specified in the plan submitted under sub. (1), the secretary shall provide notice to the joint committee on finance of the specific nature of any such action that may be required. If the joint committee on finance has not, within 2 working days after such notification, scheduled a meeting to review the secretary's proposal, the secretary may proceed with the proposed action. If, within 2 working days after such notification, the committee schedules a meeting, the secretary may not proceed with the proposed action until after the meeting is held.

SB21,301 Section 301. 16.531 (3) of the statutes is amended to read:

SB21,134,14 16.531 (3) Within 30 days after the end of each calendar quarter during which the secretary exercises the authority conferred in s. 16.53 (10) (a), during which there is any outstanding reallocation of moneys under s. 20.002 (11) (a) or during which there are any outstanding operating notes issued under subch. III of ch. 18 s. 16.526, the secretary shall submit to the joint committee on finance a report on the status of all such matters, together with an assessment of the degree to which the secretary anticipates that state funds and accounts will have sufficient revenues to meet anticipated obligations during the 6-month period following the calendar quarter for which the report is issued.

SB21,302 Section 302. 16.54 (8g) of the statutes is repealed.

SB21,303 Section 303. 16.54 (8r) (a) of the statutes is renumbered 16.54 (8r) and amended to read:

SB21,135,5 16.54 (8r) Whenever the federal government makes available moneys for instruction, extension, special projects or emergency employment opportunities, the board of regents of the University of Wisconsin System Authority may accept the moneys on behalf of the state. The board of regents shall, in the administration of the expenditure of such moneys, comply with the requirements of the act of congress making the moneys available and with the regulations prescribed by the federal government or the federal agency administering the act, insofar as the act or regulations are consistent with state law. The board of regents may submit any plan, budget, application or proposal required by the federal agency as a precondition to receipt of the moneys. The board of regents may, consistent with state law, perform any act required by the act of congress or the federal agency to carry out the purpose of the act of congress. The board of regents shall deposit all moneys received under this paragraph in the appropriation account under s. 20.285 (1) (m).

SB21,304 Section 304. 16.54 (8r) (b) of the statutes is repealed.

SB21,305 Section 305. 16.54 (9) (a) 1. of the statutes is amended to read:

SB21,135,13 16.54 (9) (a) 1. "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 in ch. 36, 231, 233, 234 235, 237, 238, or 279.

SB21,306 Section 306. 16.544 (3) of the statutes is amended to read:

SB21,135,22 16.544 (3) Prior to taking final action to remove any liability related to a disallowance of the use of federal moneys, an agency shall submit to the department a statement of the action proposed to remove the liability. The department may approve, disapprove or approve with modifications each such proposed action. The secretary shall forward a copy of each statement of proposed action approved by the department to the joint committee on finance. This subsection does not apply to an action taken by the board of regents of the University of Wisconsin System, within the statutory authority of the board, to remove a liability of less than $5,000.

SB21,307 Section 307. 16.57 of the statutes is repealed.

SB21,308 Section 308. 16.61 (3) (s) of the statutes is amended to read:

SB21,136,11 16.61 (3) (s) Shall recommend to the department procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority to optical disk format, including procedures to ensure the authenticity, accuracy and reliability of any public records or records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction. The board shall also recommend to the department qualitative standards for optical disks and copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority.

SB21,309 Section 309. 16.61 (13) (a) of the statutes is amended to read:

SB21,137,5 16.61 (13) (a) The historical society, as trustee for the state, shall be the ultimate depository of the archives of the state, and the board may transfer to the society such original records and reproductions as it deems proper and worthy of permanent preservation, including records and reproductions which the custodian thereof has been specifically directed by statute to preserve or keep in the custodian's office. The permanent preservation of records of the University of Wisconsin System Authority may be accomplished under par. (b). The society may deposit in the regional depositories established under s. 44.10, title remaining with the society, the records of state agencies or their district or regional offices which are primarily created in the geographic area serviced by the depository, but the records of all central departments, offices, establishments and agencies shall remain in the main archives in the capital city under the society's immediate jurisdiction, except that the society may place the records temporarily at a regional depository for periods of time to be determined by the society. Nothing in this subsection nor in ch. 44 prevents the society's taking the steps for the safety of articles and materials entrusted to its care in library, museum or archives, including temporary removal to safer locations, dictated by emergency conditions arising from a state of war, civil rebellion or other catastrophe.

SB21,310 Section 310. 16.611 (2) (a) of the statutes is amended to read:

SB21,137,16 16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority, of the University of Wisconsin System Authority, and of the Wisconsin Aerospace Authority to optical disk or electronic format and for the maintenance of such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority, of the University of Wisconsin System Authority, or of the Wisconsin Aerospace Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction.

SB21,311 Section 311. 16.611 (2) (c) of the statutes is amended to read:

SB21,137,22 16.611 (2) (c) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority, of the University of Wisconsin System Authority, and of the Wisconsin Aerospace Authority.

SB21,312 Section 312. 16.62 (1) (a) of the statutes is amended to read:

SB21,138,3 16.62 (1) (a) To advise and assist state agencies, the University of Wisconsin System Authority, and the University of Wisconsin Hospitals and Clinics Authority in the establishment and operation of records management programs through the issuance of standards and procedures and provision of technical and management consulting services.

SB21,313 Section 313. 16.62 (1) (b) of the statutes is amended to read:

SB21,138,8 16.62 (1) (b) To operate a state records center and a central microfilm facility for state agencies, the University of Wisconsin System Authority, and the University of Wisconsin Hospitals and Clinics Authority and to promulgate rules necessary for efficient operation of the facilities.

SB21,314 Section 314. 16.62 (1) (bm) of the statutes is amended to read:

SB21,138,14 16.62 (1) (bm) To operate a storage facility for storage of public records and records of the University of Wisconsin System Authority and the University of Wisconsin Hospitals and Clinics Authority in optical disk or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.

SB21,315 Section 315. 16.62 (1) (c) of the statutes is amended to read:

SB21,138,19 16.62 (1) (c) To periodically audit the records management programs of state agencies, the University of Wisconsin System Authority, and the University of Wisconsin Hospitals and Clinics Authority and recommend improvements in records management practices.

SB21,316 Section 316. 16.64 (1) (a) of the statutes is amended to read:

SB21,138,22 16.64 (1) (a) "Board" means the board of regents of the University of Wisconsin System Authority.

SB21,317 Section 317. 16.70 (2) of the statutes is amended to read:

SB21,138,25 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or under ch. 36, 231, 232, 233, 234, 237, or 279.

SB21,318 Section 318. 16.70 (3) of the statutes is amended to read:

SB21,139,6 16.70 (3) "Contractual services" includes all services, materials to be furnished by a service provider in connection with services, and any limited trades work involving less than $30,000 to be done for or furnished to the state or any agency, but does not include information technology products or services delivered from a central hosting location on a subscription basis.

SB21,319 Section 319. 16.70 (3g) of the statutes is repealed.

SB21,320 Section 320. 16.70 (8) of the statutes is amended to read:

SB21,139,13 16.70 (8) "Municipality" means a county, city, village, town, school district, board of school directors, sewer district, drainage district, technical college district, the University of Wisconsin System Authority, or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts.

SB21,321 Section 321. 16.705 (1r) (d) of the statutes is repealed.

SB21,322 Section 322. 16.705 (1r) (e) of the statutes is repealed.

SB21,323 Section 323. 16.705 (2) (a) of the statutes is amended to read:

SB21,140,2 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.

SB21,324 Section 324. 16.705 (2) (b) of the statutes is repealed.

SB21,325 Section 325. 16.705 (8) (intro.) and (b) of the statutes are consolidated, renumbered 16.705 (8) and amended to read:

SB21,140,15 16.705 (8) The department shall, annually on or before October 15, submit to the governor, the joint committee on finance, the joint legislative audit committee and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), a report concerning the number, value and nature of contractual service procurements authorized for each agency during the preceding fiscal year. The report shall also include, with respect to contractual service procurements by agencies for the preceding fiscal year: (b) Recommendations, recommendations for elimination of unneeded contractual service procurements and for consolidation or resolicitation of existing contractual service procurements.

SB21,326 Section 326. 16.705 (8) (a) of the statutes is repealed.

SB21,327 Section 327. 16.71 (1m) of the statutes is amended to read:

SB21,141,6 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 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 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.

SB21,328 Section 328. 16.71 (4) of the statutes is repealed.

SB21,329 Section 329. 16.72 (2) (e) (intro.) of the statutes is amended to read:

SB21,141,18 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the department and any other designated purchasing agent under s. 16.71 (1) shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, and the Lower Fox River Remediation Authority, in writing specifications for purchasing by the authority, shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials:

SB21,330 Section 330. 16.72 (2) (f) of the statutes is amended to read:

SB21,142,4 16.72 (2) (f) In writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1), and each authority other than the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, and the Lower Fox River Remediation Authority shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 287.05 (12). All specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.

SB21,331 Section 331. 16.72 (8) of the statutes is amended to read:

SB21,142,10 16.72 (8) The department may purchase educational technology materials, supplies, equipment, or contractual services from orders placed with the department by school districts, cooperative educational service agencies, and technical college districts, the board of regents of the University of Wisconsin System, and the University of Wisconsin-Madison.

SB21,332 Section 332. 16.73 (5) of the statutes is repealed.

SB21,333 Section 333. 16.74 (2) (b) of the statutes is amended to read:

SB21,142,20 16.74 (2) (b) Contracts for purchases by the senate or assembly shall be signed by an individual designated by the organization committee of the house making the purchase. Contracts for other legislative branch purchases shall be signed by an individual designated by the joint committee on legislative organization. Contracts for purchases by the judicial commission or judicial council shall be signed by an individual designated by the commission or council, respectively. Contracts for other judicial branch purchases shall be signed by an individual designated by the director of state courts.

SB21,334 Section 334. 16.75 (1) (a) 1. of the statutes is amended to read:

SB21,143,5 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

SB21,335 Section 335. 16.75 (1m) of the statutes is amended to read:

SB21,143,20 16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

SB21,336 Section 336. 16.75 (3m) (a) 1. of the statutes is amended to read:

SB21,143,23 16.75 (3m) (a) 1. "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,337 Section 337. 16.75 (3m) (a) 2. of the statutes is amended to read:

SB21,144,2 16.75 (3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.283 203.03 (3).

SB21,338 Section 338. 16.75 (3m) (a) 3. of the statutes is amended to read:

SB21,144,6 16.75 (3m) (a) 3. "Disabled veteran-owned investment firm" means an investment firm certified by the department of administration under s. 16.283 203.03 (3).

SB21,339 Section 339. 16.75 (3m) (a) 4. of the statutes is amended to read:

SB21,144,9 16.75 (3m) (a) 4. "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

SB21,340 Section 340. 16.75 (3m) (c) 5. a. of the statutes is amended to read:

SB21,144,16 16.75 (3m) (c) 5. a. In determining whether a purchase, contract, or subcontract complies with the goal established under par. (b) 1. or 2. or s. 16.855 (10m) (am) 1. or 2., 16.87 (2) (b) or (c), or 25.185 (2) (a) or (b), the department shall include only amounts paid to businesses, financial advisers, and investment firms certified by the department of administration under s. 16.283 203.03 or 16.287 203.07 (2), whichever is appropriate.

SB21,341 Section 341. 16.75 (3m) (c) 5. b. of the statutes is amended to read: