SB21: Bill Text

SB21,156,13 16.855 (13) (a) 2. In any project under this section that is let under s. 13.48 (19) (a), the department shall identify, as provided under par. (b), the mechanical, electrical, or plumbing subcontractors who have submitted the lowest bids and who are qualified responsible bidders. The contractor awarded a contract under s. 13.48 (19) (a) shall contract with the mechanical, electrical, or plumbing subcontractors so identified.

SB21,374 Section 374. 16.855 (14) (am) of the statutes is amended to read:

SB21,156,18 16.855 (14) (am) Except as provided in s. 13.48 (19) (a), the department shall let all construction projects that exceed $185,000 through single prime contracting. The department may not request or accept any alternate bids when letting a construction project through single prime contracting.

SB21,375 Section 375. 16.855 (20) of the statutes is repealed.

SB21,376 Section 376. 16.855 (22) of the statutes is amended to read:

SB21,157,6 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) involve an expenditure that exceeds $185,000 if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project, other than a project constructed by or for the University of Wisconsin System that is exempted under sub. (23), is at least $50,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

SB21,377 Section 377 . 16.855 (22) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,157,18 16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not involve an expenditure that exceeds $185,000 if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project, other than a project constructed by or for the University of Wisconsin System that is exempted under sub. (23), is at least $50,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

SB21,378 Section 378. 16.855 (23) of the statutes is amended to read:

SB21,157,23 16.855 (23) This section does not apply to construction work for any project constructed by or for the University of Wisconsin System involving a cost of less than $500,000 $760,000 that is funded entirely with the proceeds of gifts and grants made to the system.

SB21,379 Section 379. 16.855 (23) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is repealed.

SB21,380 Section 380. 16.865 (1) (a) of the statutes is amended to read:

SB21,158,5 16.865 (1) (a) Protect Except as provided in sub. (10), protect the state and the University of Wisconsin System Authority from losses which are catastrophic in nature and minimize total cost to the state and the authority of all activities related to the control of accidental loss.

SB21,381 Section 381. 16.865 (2) of the statutes is amended to read:

SB21,158,10 16.865 (2) Identify Except as provided in sub. (10), identify and evaluate exposure to loss to the state, its and the University of Wisconsin System Authority and their employees or injury to the public by reason of fire or other accidents and fortuitous events at state-owned and authority-owned properties or facilities.

SB21,382 Section 382. 16.865 (3) of the statutes is amended to read:

SB21,158,15 16.865 (3) Recommend Except as provided in sub. (10), recommend changes in procedures, program conditions or capital improvement for all agencies and the University of Wisconsin System Authority which would satisfactorily eliminate or reduce the existing exposure.

SB21,383 Section 383. 16.865 (4) of the statutes is amended to read:

SB21,158,22 16.865 (4) Manage the state employees' worker's compensation program and the statewide self-funded programs to protect the state from losses of and damage to state property and liability and, if retained by the department of workforce development office of the commissioner of insurance under s. 102.65 (3), process, investigate, and pay claims under ss. 102.44 (1), 102.49, 102.59, and 102.66 as provided in s. 102.65 (3).

SB21,384 Section 384 . 16.865 (4) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is renumbered 16.865 (4) (intro.) and amended to read:

SB21,158,25 16.865 (4) (intro.) Manage the all of the following:

SB21,159,5 (a) The state employees' worker's compensation program and the statewide self-funded programs to protect the state from losses of and damage to state property and liability and, if retained by the office of the commissioner of insurance under s. 102.65 (3), process, investigate, and pay claims under ss. 102.44 (1), 102.49, 102.59, and 102.66 as provided in s. 102.65 (3).

SB21,385 Section 385. 16.865 (4) (b) of the statutes is created to read:

SB21,159,9 16.865 (4) (b) Except as provided in sub. (10), the statewide self-funded programs to protect the state and the University of Wisconsin System Authority from liability and losses of and damage to state and authority property.

SB21,386 Section 386. 16.865 (5) of the statutes is amended to read:

SB21,159,19 16.865 (5) Arrange Except as provided in sub. (10), arrange appropriate insurance contracts for the transfer of risk of loss on the part of the state and the University of Wisconsin System Authority or its their employees, to the extent such loss cannot reasonably be assumed by the individual agencies or the authority or the self-funded programs. The placement of insurance may be by private negotiation rather than competitive bid, if such insurance has a restricted number of interested carriers. The department shall approve all insurance purchases. This subsection does not require the department to arrange for worker's compensation insurance for the University of Wisconsin System Authority.

SB21,387 Section 387 . 16.865 (8) of the statutes is amended to read:

SB21,160,10 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234 235, 237, 238, or 279.

SB21,388 Section 388 . 16.865 (8) of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,161,4 16.865 (8) Annually Except as provided in sub. (10), annually in each fiscal year, allocate as a charge to each agency and to the University of Wisconsin System Authority a proportionate share of the estimated costs attributable to programs administered by the agency or the authority to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies and the authority to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 36, 231, 232, 233, 235, 237, 238, or 279.

SB21,389 Section 389. 16.865 (10) of the statutes is created to read:

SB21,161,16 16.865 (10) This section does not apply to the University of Wisconsin System Authority for a fiscal year if the authority, no later than July 1 of the preceding fiscal year, provides written notice to the department that it elects not to be governed by this section and the department approves the nonelection. Any notice of nonelection approved by the department applies to each subsequent fiscal year unless the University of Wisconsin System Authority, no later than July 1 of the preceding fiscal year, provides written notice to the department that it elects to be governed by this section and the department approves the election. Any notice of election approved by the department applies to each subsequent fiscal year unless the University of Wisconsin System Authority again provides timely notice of nonelection and the department approves the nonelection.

SB21,390 Section 390. 16.87 (1) (am) of the statutes is amended to read:

SB21,161,19 16.87 (1) (am) "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

SB21,391 Section 391. 16.87 (3) of the statutes is amended to read:

SB21,162,11 16.87 (3) Except as provided in sub. (4), a contract under sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary's designated assistant and, if the contract involves an expenditure over $60,000, approved by the governor. The governor may delegate the authority to approve any contract requiring his or her approval under this subsection that involves an expenditure of less than $150,000 $500,000 to the secretary or the secretary's designee. Except as provided in sub. (4), no payment or compensation for work done under any contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary's designee. Any change order to a contract requiring approval under this subsection under sub. (2) requires the prior approval by the secretary or the secretary's designated assistant and, if the change order involves an expenditure over $60,000, the approval of the governor or, if the. The governor delegates may delegate his or her authority to approve contracts under this subsection and the a change order if the change order involves an expenditure of less than $150,000, the approval of $500,000 to the secretary or the secretary's designee.

SB21,392 Section 392. 16.87 (5) of the statutes is repealed.

SB21,393 Section 393. 16.89 of the statutes is amended to read:

SB21,162,20 16.89 Construction and services controlled by this chapter. No department, independent agency, constitutional office or agent of the state shall employ engineering, architectural or allied services or expend money for construction purposes on behalf of the state, except as provided in this chapter and except that the Board of Regents of the University of Wisconsin System may engage such services for any project involving a cost of less than $500,000 that is funded entirely from the proceeds of gifts or grants made to the system.

SB21,394 Section 394. 16.956 (2) of the statutes is amended to read:

SB21,162,24 16.956 (2) Authority. Beginning on July 1, 2006, and ending on June 30, 2015 2020, the department may award a grant to an eligible applicant for the purchase and field testing of one or more idling reduction units as provided in subs. (3) and (4).

SB21,395 Section 395. 16.956 (4) (cm) of the statutes is amended to read:

SB21,163,5 16.956 (4) (cm) Subject to par. (d), the department may make grants under this section from July 1, 2009 to June 30, 2015 2020, of 50 percent of the eligible costs for an idling reduction unit installed on a truck tractor, unless the department has previously awarded a grant under this section for an idling reduction unit installed on the truck tractor.

SB21,396 Section 396. 16.956 (6) of the statutes is amended to read:

SB21,163,8 16.956 (6) Sunset. Subsections (2) to (4) do not apply after December 31, 2016 2021.

SB21,397 Section 397. 16.967 (6) (a) of the statutes is amended to read:

SB21,163,22 16.967 (6) (a) By March 31 of each year, the department of administration, the department of agriculture, trade and consumer protection, the department of safety and professional services, the department of health services, the department of natural resources, the department of tourism, the department of revenue, the department of transportation, the board of regents of the University of Wisconsin System, the public service commission, and the board of curators of the historical society shall each submit to the department a plan to integrate land information to enable such information to be readily translatable, retrievable, and geographically referenced for use by any state, local governmental unit, or public utility. Upon receipt of this information, the department shall integrate the information to enable the information to be used to meet land information data needs. The integrated information shall be readily translatable, retrievable, and geographically referenced to enable members of the public to use the information.

SB21,398 Section 398. 16.967 (8) of the statutes is amended to read:

SB21,164,4 16.967 (8) Advice; cooperation. In carrying out its duties under this section, the department may seek advice and assistance from the board of regents of the University of Wisconsin System Authority and other agencies, local governmental units, and other experts involved in collecting and managing land information. Agencies shall cooperate with the department in the coordination of land information collection.

SB21,399 Section 399. 16.971 (2) (a) of the statutes is amended to read:

SB21,164,17 16.971 (2) (a) Ensure that an adequate level of information technology services is made available to all agencies by providing systems analysis and application programming services to augment agency resources, as requested. The department shall also ensure that executive branch agencies, other than the board of regents of the University of Wisconsin System, make effective and efficient use of the information technology resources of the state. The department shall, in cooperation with agencies, establish policies, procedures and planning processes, for the administration of information technology services, which executive branch agencies shall follow. The policies, procedures and processes shall address the needs of agencies, other than the board of regents of the University of Wisconsin System, to carry out their functions. The department shall monitor adherence to these policies, procedures and processes.

SB21,400 Section 400. 16.971 (2) (ac) of the statutes is created to read:

SB21,165,2 16.971 (2) (ac) Have the responsibility of providing all information technology services to the department of financial institutions, the department of safety and professional services, the public service commission, the state fair park board, the educational communications board, the higher educational aids board, the state historical society, the technical college system board, the department of tourism, the board of commissioners of public lands, the government accountability board, the board on aging and long-term care, the board for people with developmental disabilities, the office of the governor, the office of the lieutenant governor, the office of the state treasurer, and the office of the secretary of state.

SB21,401 Section 401. 16.971 (2) (ac) of the statutes, as created by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,165,13 16.971 (2) (ac) Have the responsibility of providing all information technology services to the department of financial institutions, the department of safety and professional services and professional standards, the public service commission, the state fair park board, the educational communications board, the higher educational aids board, the state historical society, the technical college system board, the department of tourism, the board of commissioners of public lands, the government accountability board, the board on aging and long-term care, the board for people with developmental disabilities, the office of the governor, the office of the lieutenant governor, the office of the state treasurer, and the office of the secretary of state.

SB21,402 Section 402. 16.971 (2) (L) of the statutes is amended to read:

SB21,165,20 16.971 (2) (L) Require each executive branch agency , other than the board of regents of the University of Wisconsin System, to adopt and submit to the department, in a form specified by the department, no later than March 1 of each year, a strategic plan for the utilization of information technology to carry out the functions of the agency in the succeeding fiscal year for review and approval under s. 16.976.

SB21,403 Section 403. 16.971 (2) (Lg) 1. (intro.) of the statutes is amended to read:

SB21,166,2 16.971 (2) (Lg) 1. (intro.) Develop, in consultation with each executive branch agency, other than the Board of Regents of the University of Wisconsin System, and adopt the following written policies for information technology development projects included in the strategic plan required of each executive branch agency under par. (L) and that either exceed $1,000,000 or that are vital to the functions of the executive branch agency:

SB21,404 Section 404. 16.971 (2) (Lm) of the statutes is amended to read:

SB21,166,12 16.971 (2) (Lm) No later than 60 days after enactment of each biennial budget act, require each executive branch agency, other than the board of regents of the University of Wisconsin System, that receives funding under that act for an information technology development project to file with the department an amendment to its strategic plan for the utilization of information technology under par. (L). The amendment shall identify each information technology development project for which funding is provided under that act and shall specify, in a form prescribed by the department, the benefits that the agency expects to realize from undertaking the project.

SB21,405 Section 405. 16.971 (2m) (a) of the statutes is repealed.

SB21,406 Section 406. 16.971 (2m) (f) of the statutes is repealed.

SB21,407 Section 407. 16.972 (1) (b) of the statutes is amended to read:

SB21,166,19 16.972 (1) (b) "Qualified postsecondary institution" means a regionally accredited 4-year private nonprofit college or university having its regional headquarters and principal place of business in this state or a tribally controlled college located in this state.

SB21,408 Section 408. 16.972 (2) (f) of the statutes is amended to read:

SB21,167,5 16.972 (2) (f) Acquire, operate, and maintain any information technology equipment or systems required by the department to carry out its functions, and provide information technology development and management services related to those information technology systems. The department may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of equipment or systems acquired, operated, maintained, or provided or services provided under this paragraph in accordance with a methodology determined by the department. The department may also charge any agency for such costs as a component of any services provided by the department to the agency.

SB21,409 Section 409. 16.972 (2) (g) of the statutes is amended to read:

SB21,167,13 16.972 (2) (g) Assume direct responsibility for the planning and development of any information technology system in the executive branch of state government outside of the University of Wisconsin System that the department determines to be necessary to effectively develop or manage the system, with or without the consent of any affected executive branch agency. The department may charge any executive branch agency for the department's reasonable costs incurred in carrying out its functions under this paragraph on behalf of that agency.

SB21,410 Section 410. 16.972 (2) (h) of the statutes is amended to read:

SB21,167,22 16.972 (2) (h) Establish master contracts for the purchase of materials, supplies, equipment, or contractual services relating to information technology or telecommunications for use by agencies, authorities, local governmental units, or entities in the private sector. The department may require any executive branch agency, other than the board of regents of the University of Wisconsin System, to make any purchases of materials, supplies, equipment, or contractual services relating to information technology or telecommunications that are included under the contract pursuant to the terms of the contract.

SB21,411 Section 411. 16.972 (2) (j) of the statutes is created to read:

SB21,168,16 16.972 (2) (j) In consultation with an executive branch agency that has a secretary serving at the pleasure of the governor transfer to the department any full-time equivalent position in that executive branch agency that is related to the provision of information technology security or desktop management services in that executive branch agency, and may also transfer to the department any incumbent employee holding that position. If a position is transferred under this paragraph, the department shall assess the appropriate executive branch agency appropriation account for the costs to pay salary and fringe benefit costs of the transferred position. If an incumbent employee is transferred under this paragraph, the department shall determine the transferred employee's probationary status under s. 230.28, except that the employee shall receive credit towards his or her probationary period for the time that the employee had been employed in any unclassified position immediately prior to appointment. The department may require an executive branch agency that is subject to a transfer under this paragraph to transfer to the department information technology equipment or systems required by the department to carry out information technology security or desktop management services for the executive branch agency, and may assess that executive branch agency for the provision of such services to that executive branch agency.

SB21,412 Section 412. 16.973 (7) of the statutes is amended to read:

SB21,168,25 16.973 (7) Prescribe and revise as necessary performance measures to ensure financial controls and accountability, optimal personnel utilization, and customer satisfaction for all information technology functions in the executive branch outside of the University of Wisconsin System and annually, no later than March 31, report to the joint committee on information policy and technology and the board concerning the performance measures utilized by the department and the actual performance of the department and the executive branch agencies measured against the performance measures then in effect.

SB21,413 Section 413. 16.973 (12) (b) (intro.) of the statutes is amended to read:

SB21,169,7 16.973 (12) (b) (intro.) Annually, no later than October 1, submit to the governor and the members of the joint committee on information policy and technology a report documenting the use by each executive branch agency , other than the Board of Regents of the University of Wisconsin System, of master leases to fund information technology projects in the previous fiscal year. The report shall contain all of the following information:

SB21,414 Section 414. 16.973 (14) (a) (intro.) of the statutes is amended to read:

SB21,169,14 16.973 (14) (a) (intro.) Require each executive branch agency, other than the Board of Regents of the University of Wisconsin system, that has entered into an open-ended contract for the development of information technology to submit to the department quarterly reports documenting the amount expended on the information technology development project. In this subsection, "open-ended contract" means a contract for information technology that includes one or both of the following:

SB21,415 Section 415. 16.974 (3) of the statutes is amended to read:

SB21,170,6 16.974 (3) Develop or operate and maintain any system or device facilitating Internet or telephone access to information about programs of agencies, authorities, local governmental units, entities in the private sector, individuals, or any tribal schools, as defined in s. 115.001 (15m), or otherwise permitting the transaction of business by agencies, authorities, local governmental units, entities in the private sector, individuals, or tribal schools by means of electronic communication. The department may assess executive branch agencies, other than the board of regents of the University of Wisconsin System, for the costs of systems or devices relating to information technology or telecommunications that are developed, operated, or maintained under this subsection in accordance with a methodology determined by the department. The department may also charge any agency, authority, local governmental unit, entity in the private sector, or tribal school for such costs as a component of any services provided by the department to that agency, authority, local governmental unit, entity, or tribal school. The department may charge an individual for such costs as a component of any services provided by the department to that individual.

SB21,416 Section 416. 16.974 (5) of the statutes is amended to read:

SB21,170,12 16.974 (5) Review and approve, approve with modifications, or disapprove any proposed contract for the purchase of materials, supplies, equipment, or contractual services relating to information technology or telecommunications by an executive branch agency, other than the board of regents of the University of Wisconsin System.

SB21,417 Section 417. 16.976 (5) of the statutes is amended to read:

SB21,170,18 16.976 (5) No executive branch agency, other than the board of regents of the University of Wisconsin System, may implement a new or revised information technology development project authorized under a strategic plan until the implementation is approved by the department in accordance with procedures prescribed by the department.