Wisconsin Legislature: 27,133d

16.855 (13) (a) A list of subcontractors shall not be required to be submitted with the bid. The department may require the successful bidder prime contractor to submit in writing the names of prospective subcontractors for the department's approval before the award of a contract to the prime contractor.

27,129 Section 129 . 16.855 (14) (a) of the statutes is amended to read:

16.855 (14) (a) If the estimated construction cost of a project exceeds $100,000 and bids are required to be solicited under sub. (2), the department shall take both single bids and separate bids on any division of the work that it designates. If the estimated construction cost of a project does not exceed $100,000 and bids are required to be solicited under sub. (2), the department may take single bids or separate bids on any division of the work that it designates. If the department awards contracts by the division of work, the department shall award the contracts according to the division of work selected for bidding. Except as provided in sub. (10m) (a), the department shall award all contracts to the lowest qualified responsible bidder or bidders that result in the lowest total construction cost for the project.

27,130 Section 130 . 16.855 (19) of the statutes is amended to read:

16.855 (19) As the work progresses under any contract for construction the department, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle the contractor to receive the amount thereof, less the retainage, from the proper fund. On all construction projects, the retainage shall be an amount equal to 10% of said estimate until 50% of the work has been completed. At 50% completion, no additional amounts shall be retained, and partial payments shall be made in full to the contractor unless the architect or engineer certifies that the job is not proceeding satisfactorily. At 50% completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract. This subsection does not apply to contracts awarded under s. 16.858.

27,130g Section 130g. 16.855 (22) of the statutes is created to read:

16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project the estimated construction cost of which does not exceed $100,000 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 is at least $30,000, 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.

27,130r Section 130r. 16.855 (23) of the statutes is created to read:

16.855 (23) (a) In this subsection, “digital signature" means an electronic identifier that is used in a computer communication and that is intended by the party using it to have the same force and effect as a manual signature.

(b) In connection with any bid or proposal submitted or contract entered into under this section, the department may accept a digital signature. If the department accepts a digital signature, a person submitting a bid or proposal or entering into a contract with the department may use a digital signature if the digital signature meets all of the following requirements:

1. The digital signature is unique to the person using it.

2. The digital signature is under the sole control of the person using it.

3. The digital signature is linked to data in such a manner that if any of the data is changed, the digital signature becomes invalid.

4. The digital signature is capable of verification under the procedures promulgated as rules under par. (d).

5. The digital signature conforms to any other rules promulgated under par. (d).

(c) A digital signature that meets all of the requirements specified in par. (b) 1. to 5. has the same force and effect as a manual signature and is effective, valid and enforceable against the signer.

(d) The department shall promulgate rules to govern the use of digital signatures under this subsection and to establish procedures for their verification.

27,131 Section 131 . 16.858 of the statutes is created to read:

16.858 Energy conservation audits and construction projects. (1) The department may contract with a qualified contractor for an energy conservation audit to be performed at any state-owned building, structure or facility. Under the contract, the contractor shall prepare a report containing a description of the physical modifications to be performed to the building, structure or facility that are required to effect specific future energy savings within a specified period and a determination of the minimum savings in energy usage that will be realized by the state from making these modifications within that period. After review of the audit report and subject to approval under s. 13.48 (10), where required, the department may contract with the contractor for construction work to be performed at the building, structure or facility for the purpose of realizing potential savings of future energy costs identified in the audit if, in the judgment of the department, the anticipated savings to the state after completion of the work will enable recovery of the costs of the work within a reasonable period of time.

(2) Any contract under sub. (1) shall require the contractor to undertake the construction work at its own expense. The contract shall provide for the state to pay a maximum stated amount, which shall include any financing costs incurred by the contractor. The maximum stated amount may not exceed the minimum savings determined under the audit to be realized by the state within the period specified in the audit. The state shall make payments under the contract as the savings identified in the audit are realized by the state, in the amounts actually realized, but not to exceed the lesser of the maximum stated amount or the actual amount of the savings realized by the state within the period specified in the audit. The department shall charge the cost of the payments to the applicable appropriation for fuel and utility costs at the building, structure or facility where the work is performed in the amounts equivalent to the savings that accrue to the state under that appropriation from expenditures not made as a result of the construction work, as determined by the department in accordance with the contract. The department may also charge its costs for negotiation and administration of the contract to the same appropriation.

(3) Any contract under sub. (1) shall include a provision stating in substance that payments under the contract are contingent upon available appropriations.

(4) No later than January 1 of each year, the secretary shall report to the cochairpersons of the joint committee on finance identifying any construction work for which the department has contracted under this section for which the state has not made its final payment as of the date of the preceding report, together with the actual energy cost savings realized by the state as a result of the contract to date, or the estimated energy cost savings to be realized by the state if the total savings to be realized in the audit under sub. (1) have not yet been realized, and the date on which the state made its final payment under the contract or, if the final payment has not been made, the latest date on which the state is obligated to make its final payment under the contract.

27,133am Section 133am. 16.966 (title), (1) and (2) of the statutes are created to read:

16.966 (title) Land information support. (1) In this section, “state agency" has the meaning given for “agency" under s. 16.045 (1) (a).

(2) The department may assess any state agency for any amount that it determines to be required for the functions of the Wisconsin land council under s. 16.023. For this purpose, the department may assess state agencies on a premium basis and pay costs incurred on an actual basis. The department shall credit all moneys received from state agencies under this subsection to the appropriation account under s. 20.505 (1) (ks).

27,133b Section 133b. 16.966 (1) and (2) of the statutes, as created by 1997 Wisconsin Act .... (this act), are repealed.

27,133c Section 133c. 16.966 (3) and (4) of the statutes are created to read:

16.966 (3) The department may develop and maintain geographic information systems relating to land in this state for the use of governmental and nongovernmental units , if any legislation required to fund this activity is first enacted and if the department first submits to the cochairpersons of the joint committee on finance a report concerning how the department intends to utilize this authority. If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the report within 14 working days after the date of the department's submittal, the department may carryout the action proposed in the report to the extent authorized by law. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the action proposed in the report, no action proposed in the report may be taken unless the committee approves that action.

(4) The department shall provide staff services to the land information board.

27,133d Section 133d. 16.966 (4) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

27,141am Section 141am. 16.967 of the statutes, as affected by 1997 Wisconsin Act .... (this act), is repealed.

27,141amd Section 141amd. 16.967 (5) of the statutes is amended to read:

16.967 (5) Fees. All fees received under s. 59.72 (5) (a) shall be credited to the appropriation under s. 20.505 (4) (im) (1) (ij).

27,141amh Section 141amh. 16.967 (7) (b) of the statutes is amended to read:

16.967 (7) (b) Grants shall be paid from the appropriation under s. 20.505 (4) (im) (1) (ij). A grant under this subsection may not exceed $100,000. The board may award more than one grant to a county board.

27,141an Section 141an. 16.967 (10) of the statutes is created to read:

16.967 (10) Memorandum of understanding. The board shall enter into a memorandum of understanding with the Wisconsin land council to ensure cooperation between the board and the council and to avoid duplication of activities.

27,142 Section 142 . 16.968 of the statutes is amended to read:

16.968 Groundwater survey and analysis. The department of administration shall allocate funds for programs of groundwater survey and analysis to the department of natural resources and the geological and natural history survey following review and approval of a mutually agreed upon division of responsibilities concerning groundwater programs between the department of natural resources and the geological and natural history survey, a specific expenditure plan and groundwater data collection standards consistent with the purposes of s. 16.967. State funds allocated under this section shall be used to match available federal funds prior to being used for solely state-funded activities.

27,142am Section 142am. 16.968 of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

16.968 Groundwater survey and analysis. The department shall allocate funds for programs of groundwater survey and analysis to the department of natural resources and the geological and natural history survey following review and approval of a mutually agreed upon division of responsibilities concerning groundwater programs between the department of natural resources and the geological and natural history survey, a specific expenditure plan and groundwater data collection standards consistent with the purposes of s. 16.967. State funds allocated under this section shall be used to match available federal funds prior to being used for solely state-funded activities.

27,143 Section 143 . 16.971 (2) (L) of the statutes is amended to read:

16.971 (2) (L) Require each executive branch agency to adopt, revise biennially, and submit for its approval, a strategic plan for the utilization of information technology to carry out the functions of the agency. As a part of each plan, the division shall require each executive branch agency to address the business needs of the agency and to identify all resources relating to information technology which the agency desires to acquire, contingent upon funding availability proposed information technology development projects that serve those business needs, the priority for undertaking such acquisitions projects and the justification for such acquisitions each project, including the anticipated benefits of the project. Each plan shall identify any changes in the functioning of the agency under the plan. The division shall consult with the joint committee on information policy in providing guidance for and scheduling of planning by executive branch agencies.

27,143m Section 143m. 16.971 (2) (Lm) of the statutes is created to read:

16.971 (2) (Lm) No later than 60 days after enactment of each biennial budget act, require each executive branch agency that receives funding under that act for an information technology development project to file with the division 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 secretary, the benefits that the agency expects to realize from undertaking the project.

27,143n Section 143n. 16.971 (2s) of the statutes is created to read:

16.971 (2s) The department shall report semiannually to the members of the joint committee on information policy and the joint committee on finance concerning each existing or planned project for information technology system development or procurement, or both, which the department anticipates will have a total cost to the state exceeding $1,000,000 in the current or any succeeding fiscal biennium. The report shall contain a specific identification and description of each project.

27,143r Section 143r. 16.971 (5) (a) of the statutes is amended to read:

16.971 (5) (a) From the appropriation under s. 20.870 (1) (q) After compliance with par. (h), the department may distribute grants to agencies to be used for information technology development projects from the appropriations under s. 20.870 (1) (q) and (2) (a).

27,143s Section 143s. 16.971 (5) (a) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

16.971 (5) (a) After compliance with par. (h), the department may distribute grants to agencies to be used for information technology development projects from the appropriations appropriation under s. 20.870 (1) (q) and (2) (a).

27,145m Section 145m. 16.971 (5) (d) of the statutes is amended to read:

16.971 (5) (d) Upon receipt of any gift, grant or bequest made to the state for information technology development purposes the secretary shall report the source, value and purpose to the cochairpersons of the joint committee on finance. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the acceptance of the gift, grant or bequest within 14 working days after the date of the secretary's report, the secretary may accept the gift, grant or bequest on behalf of the state. If, within 14 working days after the date of the secretary's report, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the acceptance of the gift, grant or bequest, the gift, grant or bequest may be accepted by the secretary only upon approval of the committee. From the appropriation under s. 20.870 (1) (s), the department may, after compliance with par. (h), distribute moneys received from such gifts, grants or bequests to agencies, within the limits of the amounts shown under s. 20.005 (3) for that appropriation, to be utilized for any information technology development project that is consistent with the purpose for which the moneys were received.

27,145n Section 145n. 16.971 (5) (f) of the statutes is amended to read:

16.971 (5) (f) No later than September 30 annually, each agency which conducted an information technology development project during the preceding fiscal year, whether individually or in cooperation with another agency, that was funded in whole or in part from the appropriation under s. 20.870 (1) (q), (r) or (s) or (2) (a) shall file a report, in a form prescribed by the secretary, with the secretary and the cochairpersons of the joint committee on information policy. The report shall describe the purpose of each project and the status of the project as of the end of the preceding fiscal year. No later than 13 months following the completion of such a project, each such agency shall file a report, on a form prescribed by the secretary, with the secretary and the cochairpersons of the joint committee on information policy. The report shall describe the purpose of the project and the effect of the project on agency business operations as of the end of the 12-month period following completion of the project.

27,145p Section 145p. 16.971 (5) (f) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

27,146q Section 146q. 16.971 (5) (h) of the statutes is created to read:

16.971 (5) (h) The department shall not authorize any payment to be made from the information technology investment fund after May 1, 1997, unless the secretary submits a report to the cochairpersons of the joint committee on finance demonstrating that sufficient revenues have been deposited in the information technology investment fund to enable the payment to be financed from the fund and the secretary certifies to the cochairpersons that there is no outstanding reallocation to the fund under s. 20.002 (11). If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed payment within 14 working days after the date of the secretary's submittal, the payment may be made as proposed by the secretary. If, within 14 working days after the date of the secretary's submittal, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed payment, the payment may be made only upon approval of the committee.

27,146r Section 146r. 16.971 (5) (i) of the statutes is created to read:

16.971 (5) (i) From the appropriation under s. 20.870 (2) (a), the department shall pay for the cost of conducting information technology development projects for which grants were awarded under par. (bp) prior to the effective date of this paragraph .... [revisor inserts date]. The department shall carry out each project funded under this paragraph by means of a master lease agreement under s. 16.76 (4).

27,146s Section 146s. 16.971 (5) (i) of the statutes, as created by 1997 Wisconsin Act .... (this act), is repealed.

27,147 Section 147 . 16.971 (9) of the statutes is amended to read:

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 division 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) (ja) and (kp). The division shall annually report to the legislature under s. 13.172 (2) concerning the division's efforts to improve and increase the efficiency of integration of justice information systems.

27,147k Section 147k. 16.973 (1) (intro.) and (1) of the statutes are renumbered 16.973 (2) (intro.) and (a).

27,147L Section 147L. 16.973 (1) of the statutes is created to read:

16.973 (1) In this section:

(a) “Qualified museum" means a nonprofit or publicly owned museum that has an educational mission.

(b) “Qualified postsecondary institution" means a regionally accredited 4-year 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.

(c) “Qualified private school" means a private school, as defined in s. 115.001 (3r), operating elementary or high school grades.

(d) “Qualified zoo" means a bona fide publicly owned zoo that has an educational mission.

27,147m Section 147m. 16.973 (2) of the statutes is renumbered 16.973 (2) (b) and amended to read:

16.973 (2) (b) Provide such computer services and telecommunications services to local governmental units and provide such telecommunications services to qualified private schools, postsecondary institutions, museums and zoos as the division considers to be appropriate and as the division can efficiently and economically provide. The division may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The division may charge local governmental units and qualified private schools, postsecondary institutions, museums and zoos for services provided to them under this subsection paragraph in accordance with a methodology determined by the secretary. Use of telecommunications services by a qualified private school or postsecondary institution shall be subject to the same terms and conditions that apply to a municipality using the same services. The division shall prescribe eligibility requirements for qualified museums and zoos to receive telecommunications services under this paragraph.

27,147n Section 147n. 16.973 (3) of the statutes is renumbered 16.973 (2) (c) and amended to read:

16.973 (2) (c) Provide such supercomputer services to agencies, local governmental units and entities in the private sector as the division considers to be appropriate and as the division can efficiently and economically provide. The division may exercise this power only if in doing so it maintains the services it provides at least at the same levels that it provides prior to exercising this power and it does not increase the rates chargeable to users served prior to exercise of this power as a result of exercising this power. The division may charge agencies, local governmental units and entities in the private sector for services provided to them under this subsection paragraph in accordance with a methodology determined by the secretary.

27,147p Section 147p. 16.973 (4) and (5) of the statutes are renumbered 16.973 (2) (d) and (e).

27,148 Section 148 . 16.974 (7) of the statutes is created to read:

16.974 (7) (a) Subject to s. 196.218 (4r) (f), coordinate with the technology for educational achievement in Wisconsin board to provide school districts and technical college districts with telecommunications access under s. 196.218 (4r) and contract with telecommunications providers to provide such access.

(b) Coordinate with the technology for educational achievement in Wisconsin board to provide private colleges and public library boards with telecommunications access under s. 196.218 (4r) and contract with telecommunications providers to provide such access.

(c) Coordinate with the technology for educational achievement in Wisconsin board to provide private schools with telecommunications access under s. 196.218 (4r) and contract with telecommunications providers to provide such access.

27,148e Section 148e. 16.976 of the statutes is repealed.

27,148m Section 148m. 16.979 of the statutes is amended to read:

16.979 Treatment of classified employes. Those individuals holding positions in the classified service in the department who are engaged in legislative text processing functions and who achieved permanent status in class on August 9, 1989, shall retain, while serving in the unclassified service in the legislature or any legislative branch agency, those protections afforded employes in the classified service under ss. 230.34 (1) (a) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff, or reduction in base pay except that the applicability of any reduction in base pay of such an employe shall be determined on the basis of the base pay received by the employe on August 9, 1989, plus the total amount of any subsequent general economic increases provided in the compensation plan under s. 230.12 for nonrepresented employes in the classified service. Such employes shall also have reinstatement privileges to the classified service as provided under s. 230.33 (1). Employes of the department holding positions in the classified service on August 9, 1989, who are engaged in legislative text processing functions and who have not achieved permanent status in class in any position in the department on that date are eligible to receive the protections and privileges preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the positions which they hold.

27,149 Section 149 . 16.98 (1) of the statutes is amended to read:

16.98 (1) The department shall engage in such activities as the secretary deems necessary to ensure the maximum utilization of federal resources by state agencies and institutions and other eligible organizations and units of government, including community development corporations as defined in s. 234.94 (2). The department shall acquire excess and surplus real and personal property at such cost to the recipient as is necessary to amortize expenditures for transportation, packing, crating, handling and program overhead, except that the department may transfer any excess or surplus personal property to the department of tourism, upon request of the department of tourism, at no cost, subject to any limitation or restriction imposed by federal law.

27,150 Section 150 . Subchapter IX (title) of chapter 16 [precedes 16.99] of the statutes is amended to read:

Chapter 16

Subchapter IX
Telecommunications and
instructional technology

27,151 Section 151 . 16.992 of the statutes is repealed.