AB64: Bill Text

AB64,135 Section 135. 16.40 (23) of the statutes is repealed.

AB64,136 Section 136. 16.401 (14) of the statutes is amended to read:

AB64,80,23 16.401 (14) Apportion interest. Apportion at least quarterly the interest earned on state moneys in all depositories among the several funds as provided in s. 25.14 (3), except that earnings attributable to the investment of temporary excess balances under sub. (4) (b) shall be distributed according to a formula prescribed by the depository selection board secretary or his or her designee. To the maximum extent deemed administratively feasible by the depository selection board secretary or his or her designee, the formula shall approximate the distribution of earnings among funds which would occur if earnings were allocated in proportion to each fund's actual contribution to the earnings. Interest so apportioned shall be added to and become a part of such funds.

AB64,137 Section 137. 16.417 (1) (e) of the statutes is created to read:

AB64,80,25 16.417 (1) (e) “Health care professional” means any of the following:

AB64,81,2 1. A registered nurse who is licensed under s. 441.06 or in a party state, as defined in s. 441.50 (2) (j), or permitted under s. 441.08.

AB64,81,5 2. A licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or who is licensed as a licensed practical/vocational nurse in a party state, as defined in s. 441.50 (2) (j).

AB64,81,6 3. A physician who is licensed to practice medicine and surgery under s. 448.02.

AB64,81,7 4. A psychologist who is licensed to practice psychology under ch. 455.

AB64,138 Section 138 . 16.417 (2) (a) of the statutes is amended to read:

AB64,81,14 16.417 (2) (a) No individual other than an elective state official who is employed or retained in a full-time position or capacity with an agency or authority may hold any other position or be retained in any other capacity with an agency or authority from which the individual receives, directly or indirectly, more than $12,000 from the agency or authority as compensation for the individual's services during the same year any 12-month period.

AB64,139 Section 139 . 16.417 (2) (f) 3. of the statutes is created to read:

AB64,81,19 16.417 (2) (f) 3. A health care professional who is employed or retained in a full-time position or capacity with an agency or authority and who holds another position or is retained in any other capacity with an agency or authority for less than 1,040 hours during any 12-month period.

AB64,140 Section 140. 16.42 (5) of the statutes is created to read:

AB64,81,25 16.42 (5) No later than September 15 of each even-numbered year, the legislature shall submit to the department proposals with respect to the legislature's budget that correspond to the proposals required for agencies under sub. (4) (b) 1. and 2. The secretary of administration and the director of the legislative fiscal bureau shall agree to the legislature's base level for the purpose of making those proposals.

AB64,141 Section 141. 16.505 (2) (am) of the statutes is created to read:

AB64,82,19 16.505 (2) (am) The state public defender board may request the governor to create or abolish a full-time equivalent position or portion thereof funded from revenues specified in s. 20.001 (2) (a) in the office of the state public defender. Upon receiving such a request, the governor may change the authorized level of full-time equivalent positions funded from such revenues in the office of the state public defender in accordance with this subsection. The governor may approve a different authorized level of positions than is requested by the state public defender board. If the governor proposes to change the number of full-time equivalent positions in the office of the state public defender funded from revenues specified in s. 20.001 (2) (a), the governor shall notify the joint committee on finance in writing of his or her proposed action. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action within 14 working days after the date of the governor's notification, the position changes may be made as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made under this subsection only upon approval of the committee.

AB64,142 Section 142. 16.505 (2) (b) of the statutes is amended to read:

AB64,82,22 16.505 (2) (b) This subsection does not apply to full-time equivalent positions funded from the appropriation under s. 20.370 (2) (bg) (4) (co) or (8) (mg).

AB64,143 Section 143. 16.515 (3) of the statutes is amended to read:

AB64,82,25 16.515 (3) This section does not apply to supplementation of the appropriation under s. 20.370 (2) (bg) (4) (co) or (8) (mg).

AB64,144 Section 144. 16.5185 (intro.) of the statutes is renumbered 16.5185 (1) (intro.).

AB64,145 Section 145. 16.5185 (1) of the statutes is renumbered 16.5185 (1) (a).

AB64,146 Section 146. 16.5185 (2) of the statutes is renumbered 16.5185 (1) (b).

AB64,147 Section 147. 16.5185 (2m) of the statutes is created to read:

AB64,83,11 16.5185 (2m) Beginning on June 30, 2020, in each fiscal year, the secretary shall transfer the unencumbered balance of the petroleum inspection fund on June 30, less an amount sufficient to meet the reserve requirement under this subsection, from the petroleum inspection fund to the transportation fund. The petroleum inspection fund balance after a transfer under this subsection may not be less than 5 percent of gross revenues received during the fiscal year in which the transfer is made.

AB64,148 Section 148. 16.64 of the statutes is renumbered 224.48.

AB64,149 Section 149. 16.641 of the statutes is renumbered 224.50, and 224.50 (2) (a), as renumbered, is amended to read:

AB64,83,20 224.50 (2) (a) Except as provided in s. 16.255 224.51, establish and administer a college savings program that allows an individual, trust, legal guardian, or entity described under 26 USC 529 (e) (1) (C) to establish a college savings account to cover tuition, fees, and the costs of room and board, books, supplies, and equipment required for the enrollment or attendance of a beneficiary at an eligible educational institution, as defined under 26 USC 529.

AB64,150 Section 150. 16.642 of the statutes is renumbered 224.52 and amended to read:

AB64,84,6 224.52 Repayment to the general fund. (1) The secretary of administration shall transfer from the tuition trust fund, the college savings program trust fund, the college savings program bank deposit trust fund, or the college savings program credit union deposit trust fund to the general fund an amount equal to the amount expended from the appropriations under s. 20.505 (9) (a), 1995 stats., s. 20.585 (2) (a), 2001 stats., and s. 20.585 (2) (am), 2001 stats., when the secretary of administration determines, after consultation with the secretary of financial institutions, that funds in those trust funds are sufficient to make the transfer. The secretary of administration may make the transfer in installments.

AB64,84,10 (2) Annually, by June 1, the secretary of financial institutions, after consultation with the secretary of administration, shall submit a report to the joint committee on finance on the amount available for repayment under sub. (1), the amount repaid under sub. (1), and the outstanding balance under sub. (1).

AB64,151 Section 151. 16.705 (1b) (d) of the statutes is created to read:

AB64,84,12 16.705 (1b) (d) The department of financial institutions under s. 224.51.

AB64,152 Section 152. 16.71 (1m) of the statutes is amended to read:

AB64,85,4 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 and, if the total amount of the contract exceeds $150,000, without the approval of the secretary. The University of Wisconsin-Madison may enter into any such contract without review and approval by the department or the approval of the secretary. 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.

AB64,153 Section 153. 16.71 (5r) of the statutes is created to read:

AB64,85,7 16.71 (5r) The department shall delegate authority to the department of financial institutions to enter into vendor contracts under s. 224.51.

AB64,154 Section 154 . 16.74 (2) (b) of the statutes is amended to read:

AB64,85,16 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.

AB64,155 Section 155 . 16.75 (1) (b) 1. and 3. of the statutes are consolidated, renumbered 16.75 (1) (b) and amended to read:

AB64,86,9 16.75 (1) (b) Except as provided in subd. 2., when When the estimated cost exceeds $25,000 $100,000, the department, or an agency to which the department delegates purchasing authority under s. 16.71 (1), shall invite bids to be submitted. 3. If subd. 1. or 2. requires bids to be are solicited, the department or designated agency either shall solicit sealed bids to be opened publicly at a specified date and time, or shall solicit bidding by auction to be conducted electronically at a specified date and time. Whenever bids are invited, due notice inviting bids shall be published as a class 2 notice, under ch. 985 or posted on the Internet at a site determined or approved by the department. The bid opening or auction shall occur at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet. The notice shall specify whether sealed bids are invited or bids will be accepted by auction, and shall give a clear description of the materials, supplies, equipment, or contractual services to be purchased, the amount of any bond, share draft, check, or other draft to be submitted as surety with the bid or prior to the auction, and the date and time that the public opening or the auction will be held.

AB64,156 Section 156 . 16.75 (1) (b) 2. of the statutes is repealed.

AB64,157 Section 157. 16.75 (1p) of the statutes is created to read:

AB64,86,12 16.75 (1p) (a) In this subsection:

AB64,86,15 1. “Agreement with a labor organization" means any agreement with a labor organization, including a collective bargaining agreement, a project labor agreement, or a community workforce agreement.

AB64,86,18 2. “Bidder" means a person that is submitting a bid or a competitive sealed proposal or that is seeking an award under this section in a procedure established under sub. (1) (c).

AB64,86,19 3. “Labor organization" has the meaning given in s. 5.02 (8m).

AB64,86,21 (b) The department may not do any of the following in a solicitation for bids or competitive sealed proposals or in a procedure established under sub. (1) (c):

AB64,86,23 1. Require that a bidder enter into or adhere to an agreement with a labor organization.

AB64,86,25 2. Consider as a factor in making an award under this section whether any bidder has or has not entered into an agreement with a labor organization.

AB64,87,6 3. Require that a bidder enter into, adhere to, or enforce any agreement that requires, as a condition of employment, that the bidder or bidder's employees become or remain members of, or be affiliated with, a labor organization or pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization or a labor organization's health, welfare, retirement, or other benefit plan or program.

AB64,87,9 (c) Nothing in this subsection prohibits employers or employees from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 USC 151 to 169.

AB64,158 Section 158 . 16.75 (2m) (b) 1. and 3. of the statutes are consolidated, renumbered 16.75 (2m) (b) and amended to read:

AB64,87,23 16.75 (2m) (b) Except as provided in subd. 2., when When the estimated cost exceeds $25,000 $100,000, the department, or an agency to which the department delegates purchasing authority under s. 16.71 (1), may invite competitive sealed proposals. 3. If competitive sealed proposals are invited, the department shall publish due notice seeking proposals shall be published as a class 2 notice under ch. 985 or post notice posted on the Internet at a site determined or approved by the department. The notice shall describe the materials, supplies, equipment, or contractual services to be purchased, the intent to make the procurement by solicitation of proposals rather than by solicitation of bids, any requirement for surety and the date the proposals will be opened, which shall be at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet.

AB64,159 Section 159 . 16.75 (2m) (b) 2. of the statutes is repealed.

AB64,160 Section 160 . 16.75 (6) (c) of the statutes is amended to read:

AB64,88,16 16.75 (6) (c) If the secretary determines that it is in the best interest of this state to do so, he or she may, with the approval of the governor, waive the requirements of subs. (1) to (5) may be waived and may purchase supplies, material, equipment, or contractual services, other than printing and stationery, may be purchased from a private source other than a source specified in par. (b). If the cost of the purchase is expected to exceed $25,000 but not exceed $150,000, the secretary must approve the waiver, and if the cost of the purchase is expected to exceed $150,000, the governor must approve the waiver. Except as provided in sub. (2g) (c), if the cost of the purchase is expected to exceed $25,000, the department shall first publish a class 2 notice under ch. 985 or post a notice on the Internet at the site determined or approved by the department under sub. (1) (b) describing the materials, supplies, equipment, or contractual services to be purchased, stating the intent to make the purchase from a private source without soliciting bids or competitive sealed proposals and stating the date on which the contract or purchase order will be awarded. The date of the award shall be at least 7 days after the date of the last insertion or the date of posting on the Internet.

AB64,161 Section 161. 16.84 (2) of the statutes is amended to read:

AB64,89,11 16.84 (2) Appoint such number of police officers as is necessary to safeguard all public property placed by law in the department's charge, and provide, by agreement with any other state agency, police and security services at buildings and facilities owned, controlled, or occupied by the other state agency. The department may charge the other state agency for the cost of providing security services at multitenant buildings or facilities. The governor or the department may, to the extent it is necessary, authorize police officers employed by the department to safeguard state officers, state employees, or other persons. A police officer who is employed by the department and who is performing duties that are within the scope of his or her employment as a police officer has the powers of a peace officer under s. 59.28, except that the officer has the arrest powers of a law enforcement officer under s. 968.07 regardless of whether the violation is punishable by forfeiture or criminal penalty. The officer may exercise the powers of a peace officer and the arrest powers of a law enforcement officer while located anywhere within this state. Nothing in this subsection limits or impairs the duty of the chief and each police officer of the police force of the municipality in which the property is located to arrest and take before the proper court or magistrate persons found in a state of intoxication or engaged in any disturbance of the peace or violating any state law in the municipality in which the property is located, as required by s. 62.09 (13).

AB64,162 Section 162 . 16.848 (2) (f) of the statutes is amended to read:

AB64,89,14 16.848 (2) (f) Subsection (1) does not apply to lands acquired with revenues collected paid into the conservation fund under s. 70.58.

AB64,163 Section 163. 16.855 (1p) of the statutes is created to read:

AB64,89,16 16.855 (1p) (a) In this subsection:

AB64,89,18 1. “Agreement with a labor organization" has the meaning given in s. 16.75 (1p) (a) 1.

AB64,89,19 2. “Labor organization" has the meaning given in s. 5.02 (8m).

AB64,89,21 (b) The department may not do any of the following in a solicitation for bids under this section:

AB64,89,23 1. Require that a bidder enter into or adhere to an agreement with a labor organization.

AB64,89,25 2. Consider as a factor in making an award under this section whether any bidder has or has not entered into an agreement with a labor organization.

AB64,90,6 3. Require that a bidder enter into, adhere to, or enforce any agreement that requires, as a condition of employment, that the bidder or bidder's employees become or remain members of, or be affiliated with, a labor organization or pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization or a labor organization's health, welfare, retirement, or other benefit plan or program.

AB64,90,9 (c) Nothing in this subsection prohibits employers or employees from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 USC 151 to 169.

AB64,164 Section 164 . 16.856 of the statutes is repealed.

AB64,165 Section 165 . 16.867 of the statutes is created to read:

AB64,90,15 16.867 Selection of architects and engineers. (1) The secretary shall establish a committee under s. 15.04 (1) (c) for each construction project under the department's supervision, except an emergency project approved under s. 16.855 (16) (b) 2., for the purpose of selecting an architect or engineer for the project.

AB64,90,20 (2) If the estimated cost of a construction project under the department's supervision is $6,800,000, subject to adjustment under s. 16.40 (20m), or more, the selection committee appointed under sub. (1) shall use a request-for-proposal process established by the department to select an architect or engineer for the project based on qualifications.

AB64,166 Section 166. 16.87 (3) of the statutes is amended to read:

AB64,91,13 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 designee and, if the contract involves an expenditure over $60,000 $250,000, subject to adjustment under s. 16.40 (20m), 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 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 requires the prior approval by the secretary or the secretary's designated assistant designee and, if the change order involves an expenditure over $60,000 $250,000, subject to adjustment under s. 16.40 (20m), the approval of the governor or, if the governor delegates his or her authority to approve contracts under this subsection and the change order involves an expenditure of less than $150,000, the approval of the secretary or the secretary's designee.

AB64,167 Section 167. 16.956 (2) of the statutes is amended to read:

AB64,91,18 16.956 (2) Authority. Beginning on July 1, 2006, and ending on June 30, 2020 June 30, 2017, 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).

AB64,168 Section 168. 16.956 (4) (cm) of the statutes is amended to read:

AB64,91,24 16.956 (4) (cm) Subject to par. (d), the department may make grants under this section from July 1, 2009 to June 30, 2020 June 30, 2017, 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.

AB64,169 Section 169. 16.956 (6) of the statutes is amended to read:

AB64,92,2 16.956 (6) Sunset. Subsections (2) to (4) do not apply after December 31, 2021 June 30, 2018.

AB64,170 Section 170. 16.971 (4) (c) 2. of the statutes is amended to read:

AB64,92,5 16.971 (4) (c) 2. “Municipality" has the meaning designated in s. 66.0901 (1) (a) (as).

AB64,171 Section 171. 16.971 (9) of the statutes is amended to read:

AB64,92,14 16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the department may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 (1) (kh), (kp), and (kq). The department shall annually report to the legislature under s. 13.172 (2) concerning the department's efforts to improve and increase the efficiency of integration of justice information systems.

AB64,172 Section 172 . 16.973 (15) of the statutes is created to read:

AB64,92,18 16.973 (15) Submit to the legislature under s. 13.172 (2) an annual report on the administration of the information technology and communication services self-funded portal.