2003 Wisconsin Act 33

33,184 Section 184. 16.53 (5) of the statutes is amended to read:

16.53 (5) Warrants; what to specify. The secretary shall draw a warrant on the state treasurer treasury payable to the claimant for the amount allowed by the secretary upon every claim audited under sub. (1), except as authorized in s. 16.52 (7), 20.920, or 20.929, specifying from what fund to be paid, the particular law which that authorizes the claim to be paid out of the state treasury, and at the secretary's discretion the post-office address of the payee. The secretary shall not credit the treasurer for any sum of money paid out by the treasurer No moneys may be paid out of the state treasury under this section otherwise than upon such warrants.

33,185 Section 185. 16.53 (10) (a) of the statutes is amended to read:

16.53 (10) (a) If an emergency arises which requires the department to draw vouchers for payments which will be in excess of available moneys in any state fund, the secretary, in consultation with the state treasurer, and after notifying the joint committee on finance under par. (b), may prorate and establish priority schedules for all payments within each fund, including those payments for which a specific payment date is provided by statute, except as otherwise provided in this paragraph. The secretary shall draw all vouchers according to the preference provided in this paragraph. All direct or indirect payments of principal or interest on state bonds and notes issued under subch. I of ch. 18 have first priority. All direct or indirect payments of principal or interest on state notes issued under subch. III of ch. 18 have 2nd priority. No payment having a 1st or 2nd priority may be prorated or reduced under this subsection. All state employee payrolls have 3rd priority. The secretary shall draw all remaining vouchers according to a priority determined by the secretary. The secretary shall maintain records of all claims prorated under this subsection and shall provide written notice to the state treasurer when a potential cash flow emergency is anticipated.

33,186 Section 186. 16.53 (10) (b) of the statutes is amended to read:

16.53 (10) (b) Before exercising authority under par. (a) the secretary shall, after consultation with the state treasurer, notify the joint committee on finance as to the need for and the procedures under which proration or priority schedules under par. (a) shall occur. If the joint committee on finance has not, within 2 working days after the notification, scheduled a meeting to review the secretary's proposal, the secretary may proceed with the proposed action. If, within 2 working days after the notification, the committee schedules a meeting, the secretary may not proceed with the proposed action until after the meeting is held.

33,187 Section 187. 16.53 (13) (a) of the statutes is amended to read:

16.53 (13) (a) In this subsection, "agency" has the meaning given in s. 16.70 (1) (1e).

33,188 Section 188. 16.54 (2) (b) of the statutes is amended to read:

16.54 (2) (b) Upon presentation by the department to the joint committee on finance of alternatives to the provisions under s. 16.385 16.27, the joint committee on finance may revise the eligibility criteria under s. 16.385 16.27 (5), benefit payments under s. 16.385 16.27 (6) or the amount allocated for crises under s. 16.385 16.27 (3) (e) 2. and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department shall submit to the joint committee on finance a plan for expenditure of the funds. The department may not use the funds unless the committee approves the plan.

33,189 Section 189. 16.545 (9) of the statutes is amended to read:

16.545 (9) To initiate contacts with the federal government for the purpose of facilitating participation by agencies, as defined in s. 16.70 (1) (1e), in federal aid programs, to assist those agencies in applying for such aid, and to facilitate influencing the federal government to make policy changes that will be beneficial to this state. The department may assess an agency to which it provides services under this subsection a fee for the expenses incurred by the department in providing those services.

33,190 Section 190. 16.61 (2) (af) of the statutes is amended to read:

16.61 (2) (af) "Form" has the meaning specified in s. 22.01 16.97 (5p).

33,191 Section 191. 16.61 (3n) of the statutes is amended to read:

16.61 (3n) Exempt forms. The board may not receive or investigate complaints about the forms specified in s. 22.03 16.971 (2m).

33,192 Section 192. 16.70 (1) of the statutes is renumbered 16.70 (1e).

33,193 Section 193. 16.70 (1b) of the statutes is created to read:

16.70 (1b) "Affiliate" means a person, as defined in s. 77.51 (10), that controls, is controlled by, or is under common control with another person, as defined in s. 77.51 (10).

33,195 Section 195. 16.70 (3e) of the statutes is created to read:

16.70 (3e) "Control" means to own, directly or indirectly, more than 10% of the interest in or voting securities of a business.

33,196d Section 196d. 16.70 (3m) of the statutes is amended to read:

16.70 (3m) "Educational technology" has the meaning given in s. 44.70 16.99 (3).

33,197 Section 197. 16.70 (4m) of the statutes is amended to read:

16.70 (4m) "Information technology" has the meaning given in s. 22.01 16.97 (6).

33,198 Section 198. 16.70 (15) of the statutes is amended to read:

16.70 (15) "Telecommunications" has the meaning given in s. 22.01 16.97 (10).

33,199 Section 199. 16.70 (16) of the statutes is created to read:

16.70 (16) "Voting securities" means securities that confer upon the holder the right to vote for the election of members of the board of directors or similar governing body of a business, or are convertible into, or entitle the holder to receive upon their exercise, securities that confer such a right to vote.

33,201 Section 201. 16.705 (3) (intro.) of the statutes is amended to read:

16.705 (3) (intro.) Contracts for contractual services shall be submitted by the department for the review and approval of the secretary of employment relations The director of the office of state human resources management, prior to award, under conditions established by rule of the department. The secretary of employment relations, shall review such contracts for contractual services in order to ensure that agencies:

33,202 Section 202. 16.71 (1m) of the statutes is amended to read:

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 chief information officer department. 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 chief information officer department.

33,203 Section 203. 16.71 (2m) of the statutes is repealed.

33,204d Section 204d. 16.71 (4) of the statutes is repealed.

33,206 Section 206. 16.72 (2) (a) of the statutes is amended to read:

16.72 (2) (a) The department of administration shall prepare standard specifications, as far as possible, for all state purchases. By "standard specifications" is meant a specification, either chemical or physical or both, prepared to describe in detail the article which the state desires to purchase, and trade names shall not be used. On the formulation, adoption and modification of any standard specifications, the department of administration shall also seek and be accorded without cost, the assistance, advice and cooperation of other agencies and officers. Each specification adopted for any commodity shall, insofar as possible, satisfy the requirements of any and all agencies which use it in common. Any specifications for the purchase of materials, supplies, equipment, or contractual services for information technology or telecommunications purposes are subject to the approval of the chief information officer.

33,207 Section 207. 16.72 (2) (b) of the statutes is amended to read:

16.72 (2) (b) Except as provided in par. (a) and ss. 16.25 (4) (b), 16.751 and, 560.9813 (4) (b), and 565.25 (2) (a) 4., the department shall prepare or review specifications for all materials, supplies, equipment, other permanent personal property and contractual services not purchased under standard specifications. Such "nonstandard specifications" may be generic or performance specifications, or both, prepared to describe in detail the article which the state desires to purchase either by its physical properties or by its programmatic utility. When appropriate for such nonstandard items or services, trade names may be used to identify what the state requires, but wherever possible 2 or more trade names shall be designated and the trade name of any Wisconsin producer, distributor or supplier shall appear first.

33,208 Section 208. 16.72 (4) (a) of the statutes is amended to read:

16.72 (4) (a) Except as provided in ss. 16.71 and 16.74 or as otherwise provided in this subchapter and the rules promulgated under s. 16.74 and this subchapter, all supplies, materials, equipment and contractual services shall be purchased for and furnished to any agency only upon requisition to the department. The department shall prescribe the form, contents, number and disposition of requisitions and shall promulgate rules as to time and manner of submitting such requisitions for processing. No agency or officer may engage any person to perform contractual services without the specific prior approval of the department for each such engagement. Purchases of supplies, materials, equipment or contractual services by the department of electronic government, the legislature, the courts or legislative service or judicial branch agencies do not require approval under this paragraph.

33,209 Section 209. 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 Except as provided in s. 51.06 (6), in either case due credit shall be given to the agency releasing the same , the department shall deposit the net proceeds in the budget stabilization fund, 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.

33,210d Section 210d. 16.72 (8) of the statutes is amended to read:

16.72 (8) 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.

33,211 Section 211. 16.75 (1) (a) 1. of the statutes is amended to read:

16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), and (9), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

33,212 Section 212. 16.75 (3t) (a) of the statutes is amended to read:

16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 22.01 16.97 (5p).

33,213 Section 213. 16.75 (6) (am) of the statutes is amended to read:

16.75 (6) (am) Subsections (1) and (3t) do not apply to procurements by the department of electronic government department relating to information technology or telecommunications. Annually not later than October 1, the department of electronic government shall report to the department of administration governor, in the form specified by the secretary governor, concerning all procurements relating to information technology or telecommunications by the department of electronic government department during the preceding fiscal year that were not made in accordance with the requirements of subs. (1) and (3t).

33,214 Section 214. 16.75 (10m) of the statutes is created to read:

16.75 (10m) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority shall not enter into any contract or order for the purchase of materials, supplies, equipment, or contractual services with a person if the name of the person, or the name of an affiliate of that person, is certified to the department by the secretary of revenue under s. 77.66.

33,214b Section 214b. 16.752 (12) (a) of the statutes is amended to read:

16.752 (12) (a) Except as provided in pars. (c), (d), (h) and, (i), and (j) and as authorized under sub. (13), agencies shall obtain materials, supplies, equipment and services on the list maintained by the board under sub. (2) (g).

33,215 Section 215. 16.752 (12) (i) of the statutes is amended to read:

16.752 (12) (i) Paragraph (a) does not apply to procurements by the department of electronic government relating to information technology or telecommunications.

33,215c Section 215c. 16.752 (12) (j) of the statutes is created to read:

16.752 (12) (j) Paragraph (a) does not apply to services purchased under a contract under s. 153.05 (2m) (a).

33,215m Section 215m. 16.76 (4) (ag) of the statutes is amended to read:

16.76 (4) (ag) The Except as otherwise provided in this paragraph, the department may pay or agree to pay under a master lease a sum substantially equivalent to or in excess of the aggregate value of property or services obtained and it may be agreed that the department or one or more agencies will become, or for no other or nominal consideration has the option to become, the owner of property obtained or to be obtained under a master lease upon full compliance with its terms. If the master lease is for personal computer hardware and software, the department may make agreements concerning payments and ownership as described in this paragraph only if the master lease pursuant to which the department makes such agreements is more cost-effective to the state than one or more leases for the hardware and software pursuant to which the department does not make agreements concerning payments and ownership as described in this paragraph.

33,216 Section 216. 16.78 (title) of the statutes is amended to read:

16.78 (title) Purchases from department of electronic government relating to information technology or telecommunications.

33,217c Section 217c. 16.78 (1) of the statutes is amended to read:

16.78 (1) Every agency other than the board of regents of the University of Wisconsin System or an agency making purchases under s. 16.74 shall make all purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department of electronic government, unless the department of electronic government requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 22.05 16.972 (2) (h), or grants written authorization to the agency to procure the materials, supplies, equipment, or contractual services under s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual services from another agency or to provide the materials, supplies, equipment, or contractual services to itself. The board of regents of the University of Wisconsin System may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department of electronic government.

33,218 Section 218. 16.78 (2) of the statutes is amended to read:

16.78 (2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of materials, supplies, equipment, or contractual services by any agency from the department of electronic government under sub. (1).

33,219 Section 219. 16.836 of the statutes is repealed.

33,220 Section 220. 16.84 (14) of the statutes is amended to read:

16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1) (1e). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kb).

33,221 Section 221. 16.841 (1) (a) of the statutes is amended to read:

16.841 (1) (a) "Agency" has the meaning given in s. 16.70 (1) (1e).

33,221m Section 221m. 16.854 (1) (a) of the statutes is amended to read:

16.854 (1) (a) "Minority business" has the meaning given in s. 560.036 (1) (e) means a business that is certified by the department of commerce under s. 560.036 (2).

33,222 Section 222. 16.855 (16) (b) 1. of the statutes is amended to read:

16.855 (16) (b) 1. In this paragraph, "agency" has the meaning given in s. 16.70 (1) (1e).

33,222m Section 222m. 16.865 (9) of the statutes is created to read:

16.865 (9) Notwithstanding s. 20.001 (3) (c), if the department makes any payment from the appropriation under s. 20.505 (2) (a), lapse to the general fund from the appropriation account under s. 20.505 (2) (k) an amount equal to the payment , plus interest from the date on which the payment is made until the date on which a corresponding amount is lapsed under this subsection computed at the average interest rate earned by the state investment fund during that period . The department shall effect the lapse required under this subsection in accordance with a schedule determined by the department, but the total amount of each lapse shall be effected no later than 6 years after the date of the payment to which it relates.

33,223 Section 223. 16.957 (3) (a) of the statutes is amended to read:

16.957 (3) (a) The division of housing department shall, on the basis of competitive bids, contract with community action agencies described in s. 46.30 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181 or local units of government to provide services under the programs established under sub. (2) (a).

33,230 Section 230. 16.964 (9) (intro.) of the statutes is created to read:

16.964 (9) (intro.) From the appropriations under s. 20.505 (6) (kp) and (p), the office of justice assistance shall provide $185,000 annually to the department of health and family services to distribute the following grants for children's community programs:

33,230b Section 230b. 16.965 (3m) of the statutes is created to read:

16.965 (3m) The department shall not approve a proposed grant to a local governmental unit under this section to be funded in whole or in part from the appropriation under s. 20.505 (1) (if) unless the application for the grant contains all of the following elements:

(a) Planning efforts that expedite and integrate the use of preexisting locally created and maintained Wisconsin land information program data.

(b) Planning efforts that utilize digital data that is consistent with Wisconsin land information program interests, modernization, and public access standards.

(c) Planning efforts that maximize public participation through access to planning support tools.

33,230c Section 230c. 16.965 (4) (intro.) of the statutes is amended to read:

16.965 (4) (intro.) In determining whether to approve a proposed grant to be funded from the appropriations under s. 20.505 (1) (cm) and (if), preference shall be accorded to applications of local governmental units that contain all of the following elements: