1997 Wisconsin Act 27

16.417 (1) (b) “Authority" means a body created under ch. 231, 232 or, 233, 234 or 235.

27,105j Section 105j. 16.417 (1) (c) of the statutes is created to read:

16.417 (1) (c) “Elective state official" has the meaning given in s. 13.62 (6).

27,105k Section 105k. 16.417 (2) of the statutes is renumbered 16.417 (2) (a) and amended to read:

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.

(c) No agency or authority may employ any individual or enter into any contract in violation of this subsection.

(d) The department shall annually check to assure that no individual violates this subsection. The department shall order any individual whom it finds to be in violation of this subsection to forfeit that portion of the economic gain that the individual realized in violation of this subsection.

(e) The attorney general, when requested by the department, shall institute proceedings to recover any forfeiture incurred under this subsection which is not paid by the individual against whom it is assessed.

(f) This subsection does not apply to an individual other than an elective state official who has a full-time appointment for less than 12 months, during any period of time that is not included in the appointment.

27,105L Section 105L. 16.417 (2) (b) of the statutes is created to read:

16.417 (2) (b) No elective state official may hold any other position or be retained in any other capacity with an agency or authority, except an unsalaried position or unpaid service with an agency or authority that is compatible with the official's duties, the emoluments of which are limited to reimbursement for actual and necessary expenses incurred in the performance of duties.

27,105p Section 105p. 16.46 (intro.), (1), (3) and (4) of the statutes are amended to read:

16.46 Biennial budget, contents. (intro.) The biennial state budget report shall be prepared by the secretary, under the direction of the governor, and a copy of a budget-in-brief thereof shall be furnished to each member of the legislature on the day of the delivery of the budget message. The biennial state budget report shall be furnished to each member of the legislature on the same day and shall contain all of the following information:

(1) A summary of the actual and estimated receipts of the state government in all operating funds under existing laws during the current and the succeeding bienniums, classified so as to show the receipts by funds, organization units and sources of income;.

(3) A statement showing the condition of all operating funds of the treasury at the close of the preceding fiscal year and the estimated condition at the close of the current year;.

(4) A statement showing how the total estimated disbursements during each year of the succeeding biennium compare with the estimated receipts, and the additional revenues, if any, needed to defray the estimated expenses of the state;.

27,105q Section 105q. 16.46 (2) of the statutes is amended to read:

16.46 (2) A summary of the actual and estimated disbursements of the state government from all operating funds during the current biennium and of the requests of agencies and the recommendations of the governor for the succeeding biennium;.

27,105r Section 105r. 16.46 (5) of the statutes is renumbered 16.46 (5) (intro.) and amended to read:

16.46 (5) (intro.) A statement of the actual and estimated receipts and disbursements of each department and of all state aids and activities during the current biennium, the departmental estimates and requests, and the recommendations of the governor for the succeeding biennium. Estimates of expenditures shall be classified to set forth such expenditures by funds, organization units, appropriation, object and activities at the discretion of the secretary;. Regardless of the classification chosen by the secretary, the statement shall compare the recommendations of the governor for disbursements for that classification during the succeeding biennium with all of the following:

27,105t Section 105t. 16.46 (5) (a) and (b) of the statutes are created to read:

16.46 (5) (a) A base level of funding for that classification for the current biennium. The base level of funding shall be determined by adding, with respect to sum certain appropriations within that classification, the amounts appropriated for the 2 years in the current biennium from those appropriations and, with respect to sum sufficient appropriations within that classification, the estimated expenditures from those sum sufficient appropriations for the 2 years in the current biennium, as determined by the secretary.

(b) The secretary's estimate of the amount that will actually be expended from the appropriations within that classification over the 2 years of the current biennium.

27,106m Section 106m. 16.50 (1) (b) of the statutes is amended to read:

16.50 (1) (b) This subsection does not apply to appropriations under ss. 20.255 (2) (ac) and (q), 20.835 and 20.865 (4).

27,107 Section 107. 16.505 (2m) of the statutes is amended to read:

16.505 (2m) The board of regents of the university of Wisconsin system may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (h), (ip), (iz), (j), (m) or, (n) or (u) or (3) (iz) or (n). No later than the last day of the month following completion of each calendar quarter, the board of regents shall report to the department and the cochairpersons of the joint committee on finance concerning the number of full-time equivalent positions created or abolished by the board under this subsection during the preceding calendar quarter and the source of funding for each such position.

27,108m Section 108m. 16.52 (10) of the statutes is amended to read:

16.52 (10) (title) Department of education public instruction. The provisions of sub. (2) with respect to refunds and sub. (5) (a) with respect to reimbursements for the prior fiscal year shall not apply to the appropriation appropriations under s. 20.255 (2) (ac) and (q).

27,116 Section 116 . 16.70 (3m) of the statutes is created to read:

16.70 (3m) “Educational technology" has the meaning given in s. 44.70 (3).

27,117m Section 117m. 16.71 (1) of the statutes is amended to read:

16.71 (1) Except as otherwise required under this section or as authorized in s. 16.74, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.

27,117n Section 117n. 16.71 (4) of the statutes is created to read:

16.71 (4) The department shall delegate authority to the technology for educational achievement in Wisconsin board to make purchases of educational technology equipment for use by school districts, cooperative educational service agencies and public educational institutions in this state, upon request of the board.

27,117s Section 117s. 16.72 (2) (cm) of the statutes is created to read:

16.72 (2) (cm) The department shall verify and record the country of origin for each motor vehicle purchased for any agency.

27,118 Section 118 . 16.72 (4) (b) of the statutes is amended to read:

16.72 (4) (b) The department shall promulgate rules for the declaration as surplus of supplies, materials and equipment in any agency and for the transfer to other agencies or for the disposal by private or public sale of supplies, materials and equipment. In either case due credit shall be given to the agency releasing the same, except that the department shall transfer any supplies, materials or equipment declared to be surplus to the department of tourism, upon request of the department of tourism, at no cost, if the transfer is permitted by the agency having possession of the supplies, materials or equipment.

27,119d Section 119d. 16.72 (7) of the statutes is repealed.

27,120 Section 120 . 16.72 (8) of the statutes is created to read:

16.72 (8) The division of information technology services of the department may purchase educational technology materials, supplies, equipment or contractual services from orders placed with the department by the technology for educational achievement in Wisconsin board on behalf of school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System.

27,123m Section 123m. 16.76 (4) (b) of the statutes is amended to read:

16.76 (4) (b) The department may enter into a master lease whenever the department determines that it is advantageous to the state to do so, except that the department shall not require the board of regents of the University of Wisconsin System to acquire moveable equipment for the University of Wisconsin-Center System under a master lease. If the master lease provides for payments to be made by the state from moneys that have not been appropriated at the time that the master lease is entered into, the master lease shall contain the statement required under s. 16.75 (3).

27,123mk Section 123mk. 16.76 (4) (g) of the statutes is created to read:

16.76 (4) (g) No later than January 15 of each odd-numbered year, the secretary shall report to the legislature under s. 13.172 (2) concerning the costs and benefits to the state resulting from the use of master leases by the department or its designated agents under s. 16.71 (1) during the 2-year period ending on the preceding December 31.

27,123n Section 123n. 16.79 (title) of the statutes is amended to read:

16.79 (title) Duties of department of administration State publications.

27,123r Section 123r. 16.79 (3) of the statutes is created to read:

16.79 (3) The department shall promulgate rules for securing sponsorship of state publications which shall be applicable to all agencies, as defined in s. 16.70 (1), that are authorized by law to secure sponsorship for agency publications. The rules shall be consistent with any requirements imposed by law that are applicable to particular agencies or publications.

27,124 Section 124 . 16.80 of the statutes is amended to read:

16.80 Purchases of computers by teachers. The department shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 16.992 (1) (c) 24.60 (1r), by public and private elementary and secondary school teachers for their private use. The department shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.

27,124m Section 124m. 16.848 of the statutes is repealed.

27,125 Section 125 . 16.85 (15) of the statutes is created to read:

16.85 (15) Provide or contract for the provision of professional engineering, architectural, project management and other building construction services on behalf of school districts for the installation or maintenance of electrical and computer network wiring. The department shall assess fees for services provided under this subsection and shall credit all revenues received to the appropriation account under s. 20.505 (1) (im).

27,126 Section 126 . 16.855 (1) of the statutes is amended to read:

16.855 (1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $30,000, except for construction work authorized under s. 16.858 and except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

27,127 Section 127 . 16.855 (2) (intro.) of the statutes is amended to read:

16.855 (2) (intro.) Whenever Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $30,000, or if less and in the best interest of the state, the department shall:

27,128 Section 128 . 16.855 (13) (a) of the statutes is amended to read:

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.