2011 Wisconsin Act 32

32,256 Section 256. 16.75 (3t) (c) (intro.) of the statutes is amended to read:

16.75 (3t) (c) (intro.) The department of corrections shall periodically provide to the department of administration a current list of all materials, supplies, equipment or contractual services, excluding commodities, that are supplied by prison industries, as created under s. 303.01. The department of administration shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed proposals with respect to the purchase of any materials, supplies, equipment or contractual services enumerated in the list, the department of administration or any other designated purchasing agent under s. 16.71 (1) shall offer prison industries the opportunity to supply the materials, supplies, equipment or contractual services if the department of corrections is able to provide them at a price comparable to that is equal to or lower than one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications, provided the specifications are written in accordance with s. 16.72 (2) (d). If the department of administration or other purchasing agent is unable to determine whether the price of prison industries is comparable equal to or lower than one obtained through competitive bidding or competitive sealed proposals, it may solicit bids or competitive proposals before awarding the order or contract. This paragraph does not apply to the printing of the following forms:

32,257 Section 257. 16.75 (4) (b) of the statutes is amended to read:

16.75 (4) (b) The department shall seek the cooperation and assistance of the department of commerce safety and professional services in the performance of its duties under par. (a).

32,260 Section 260. 16.75 (10e) (b) of the statutes is amended to read:

16.75 (10e) (b) The If s. 16.855 (10s) (a) provides an applicable standard for the type of agency consuming equipment being purchased and the purchase will cost more than $5,000 per unit the department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority may not purchase that type of energy consuming equipment unless the specifications for the equipment meet the applicable standards for the equipment established under s. 16.855 (10s) (a). If there is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming equipment being purchased, or if. If there is an applicable standard under s. 16.855 (10s) (a), but the energy consuming equipment meeting that standard is not reasonably available, the department, purchasing agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the energy consuming equipment that is purchased maximizes energy efficiency to the extent technically and economically feasible. The department, purchasing agent, agency, or authority shall not determine that energy consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.

32,261 Section 261. 16.751 of the statutes is amended to read:

16.751 Information technology purchases by investment board. The requirements of ss. 16.72 (2) (b) and (d) and 16.75 (1) (a) 1. and (2m) (g) do not apply to procurements authorized to be made by the investment board under s. 16.78 (1) for information technology purposes.

32,262 Section 262. 16.752 (8) (e) of the statutes is amended to read:

16.752 (8) (e) Comply with applicable occupational health and safety standards prescribed by the U.S. secretary of labor, the federal occupational health and safety administration or the department of commerce safety and professional services.

32,263 Section 263. 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, the University of Wisconsin-Madison, 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, unless the department requires the agency to purchase the materials, supplies, equipment, or contractual services pursuant to a master contract established under s. 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 and the University of Wisconsin-Madison may make purchases of materials, supplies, equipment, and contractual services relating to information technology or telecommunications from the department.

32,264 Section 264. 16.841 of the statutes is repealed.

32,265g Section 265g. 16.848 (1) of the statutes is amended to read:

16.848 (1) Except as provided in sub. (2) and subject to sub. (3), the department may sell offer for sale any state-owned real property, if the department determines that the sale is in the best interest of the state. The Any sale may be either on the basis of public bids, with the department reserving the right to reject any bid in the interest of the state, or negotiated prices. If the department receives an offer to purchase property offered under this subsection, the department may submit a report to the building commission recommending acceptance of the offer. The report shall contain a description of the property and the reasons for the recommendation. The department may recommend the sale of a parcel of property with or without the approval of the agency, as defined in s. 16.52 (7), having jurisdiction of the property. If the building commission approves the proposed sale, the department may sell the property.

32,265h Section 265h. 16.848 (3) of the statutes is repealed.

32,265i Section 265i. 16.848 (4) of the statutes is renumbered 16.848 (4) (a) and amended to read:

16.848 (4) (a) Except as provided in s. 13.48 (14) (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the department shall adhere to any restriction governing use of the proceeds. Except as required under ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection paragraph, the department shall deposit use the net proceeds or remaining net proceeds in the general fund to pay principal and interest costs on other outstanding public debt.

32,265j Section 265j. 16.848 (4) (b) of the statutes is created to read:

16.848 (4) (b) For the purpose of paying principal and interest costs on other outstanding public debt under par. (a), the secretary may cause outstanding bonds to be called for redemption on or following their optional redemption date, establish one or more escrow accounts to redeem bonds at their optional redemption date, or purchase bonds in the open market. To the extent practical, the secretary shall consider all of the following in determining which public debt to redeem:

1. According preference to the redemption of general obligation debt within the same statutory bond purpose that was used to acquire, build, or improve the property being sold.

2. Maintaining compliance with federal tax law applicable to the general obligation debt that was issued to acquire, build, or improve the property being sold.

3. The extent to which general obligation debt that was issued to acquire, build, or improve the property being sold is subject to current optional redemption, would require establishment of an escrow, or could be assigned for accounting purposes to another statutory bond purpose.

4. The fiscal benefit of redeeming outstanding debt with higher interest costs.

5. The costs of federal tax law compliance in the selection of general obligation debt to be redeemed.

32,266 Section 266. 16.85 (1) of the statutes is amended to read:

16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87, performed by, or for, the state, or any department, board, institution, commission, or officer of the state, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, except work to be performed for the University of Wisconsin System with respect to a building, structure, or facility involving a cost of less than $500,000 that is funded entirely with the proceeds of gifts or grants made to the system, and except the engineering, architectural, and construction work of the department of transportation; and the engineering service performed by the department of commerce safety and professional services, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state. The department may not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a child care center primarily for use by children of state employees.

32,267 Section 267 . 16.85 (1) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

16.85 (1) To take charge of and supervise all engineering or architectural services or construction work, as defined in s. 16.87, performed by, or for, the state, or any department, board, institution, commission, or officer of the state, including nonprofit-sharing corporations organized for the purpose of assisting the state in the construction and acquisition of new buildings or improvements and additions to existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, except the engineering, architectural, and construction work of the department of transportation; and the engineering service performed by the department of safety and professional services, department of revenue, public service commission, department of health services, and other departments, boards, and commissions when the service is not related to the maintenance, and construction and planning, of the physical properties of the state. The department may not authorize construction work for any state office facility in the city of Madison after May 11, 1990, unless the department first provides suitable space for a child care center primarily for use by children of state employees.

32,268 Section 268. 16.85 (12) of the statutes is amended to read:

16.85 (12) To review and approve plans and specifications for any building or structure that is constructed for the benefit of the University of Wisconsin System or any institution thereof, and to periodically review the progress of any such building or structure during construction to assure compliance with the approved plans and specifications. This subsection does not apply to any building, structure, or facility that is constructed. remodeled, repaired, renewed, or expanded for the University of Wisconsin System involving a cost of less than $500,000 if the project is funded entirely from the proceeds of gifts or grants made to the system.

32,275 Section 275. 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 16.287 (1) (e).

32,276 Section 276. 16.854 (1) (b) of the statutes is amended to read:

16.854 (1) (b) "Minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

32,276m Section 276m. 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 $40,000 $50,000, 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.

32,277 Section 277. 16.855 (2) (intro.) of the statutes is amended to read:

16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $40,000 $50,000, or if less and in the best interest of the state, the department shall:

32,282 Section 282. 16.855 (10m) (ac) of the statutes is amended to read:

16.855 (10m) (ac) In this subsection, "disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

32,283 Section 283. 16.855 (10n) (a) of the statutes is amended to read:

16.855 (10n) (a) In this subsection, "minority group member" has the meaning given in s. 560.036 16.287 (1) (f).

32,284 Section 284. 16.855 (20) of the statutes is amended to read:

16.855 (20) This section does not apply to construction work performed by University of Wisconsin System students when the construction work performed is a part of a curriculum and where the work is course-related for the student involved. Prior approval of the building commission must be obtained for all construction projects to be performed by University of Wisconsin System students, except projects specified in s. 13.48 (10) (c).

32,289b Section 289b. 16.855 (22) of the statutes is amended to read:

16.855 (22) The provisions of this section, except sub. (10m), do not apply to construction work for any project that does not require the prior approval of the building commission under s. 13.48 (10) (a) if the project is constructed in accordance with policies and procedures prescribed by the building commission under s. 13.48 (29). If the estimated construction cost of any project, other than a project constructed by or for the University of Wisconsin System that is exempted under sub. (23), is at least $40,000 $50,000, and the building commission elects to utilize the procedures prescribed under s. 13.48 (29) to construct the project, the department shall provide adequate public notice of the project and the procedures to be utilized to construct the project on a publicly accessible computer site.

32,290 Section 290. 16.855 (23) of the statutes is created to read:

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

32,297 Section 297. 16.87 (1) (am) of the statutes is amended to read:

16.87 (1) (am) "Disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

32,300 Section 300. 16.87 (5) of the statutes is created to read:

16.87 (5) This section does not apply to any project for the University of Wisconsin System involving a cost of less than $500,000 that is funded entirely from the proceeds of gifts or grants made to the system.

32,305 Section 305. 16.89 of the statutes is amended to read:

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

32,323 Section 323. 16.95 (intro.) of the statutes is amended to read:

16.95 Powers and duties. (intro.) The department shall, through a system of comprehensive long-range planning, promote the development and the maximum wise use of the energy, natural, and human resources of the state. It and develop and implement a cost-effective, balanced, reliable, and environmentally responsible energy strategy to promote economic growth. The department shall do all of the following:

32,324 Section 324. 16.954 of the statutes is repealed.

32,325 Section 325. 16.956 of the statutes is repealed.

32,325d Section 325d. 16.957 (1) (gg) of the statutes is created to read:

16.957 (1) (gg) "Excess federal amount" means, for a fiscal year, the amount by which the federal assistance for the fiscal year exceeds the federal assistance for fiscal year 2007-08.

32,325h Section 325h. 16.957 (1) (gr) of the statutes is created to read:

16.957 (1) (gr) "Federal assistance" means, for a fiscal year, all moneys received from the federal government under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 in the fiscal year.

32,325p Section 325p. 16.957 (1) (o) 1. of the statutes is amended to read:

16.957 (1) (o) 1. The total amount received by the department for low-income funding under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 federal assistance in fiscal year 1997-98.

32,325t Section 325t. 16.957 (2) (a) 1. of the statutes is amended to read:

16.957 (2) (a) 1. All moneys received from the federal government under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 The federal assistance in a fiscal year.

32,326 Section 326. 16.957 (2) (d) 2m. of the statutes is created to read:

16.957 (2) (d) 2m. In fiscal years 2011-12 and 2012-13, at the department's discretion, subtract from the amount required to be spent on weatherization and other energy conservation services under par. (a) an amount that is no more than the sum of $10,000,000 and the excess federal amount for the fiscal year.

32,326m Section 326m. 16.957 (4) (c) 1. b. of the statutes is amended to read:

16.957 (4) (c) 1. b. All moneys received under 42 USC 6861 to 6873 and 42 USC 8621 to 8629 The federal assistance for that fiscal year.

32,327 Section 327. 16.964 (1m) (k) of the statutes is repealed.

32,328 Section 328. 16.964 (5) (a) of the statutes is amended to read:

16.964 (5) (a) The office shall provide grants from the appropriation under s. 20.505 (6) (c) (kb) to cities to employ additional uniformed law enforcement officers whose primary duty is beat patrolling. A city is eligible for a grant under this subsection in fiscal year 1994-95 if the city has a population of 25,000 or more. A city may receive a grant for a calendar year if the city applies for a grant before September 1 of the preceding calendar year. Grants shall be awarded to the 10 eligible cities submitting an application for a grant that have the highest rates of violent crime index offenses in the most recent full calendar year for which data is available under the uniform crime reporting system of the federal bureau of investigation.

32,329 Section 329. 16.964 (12) (b) of the statutes is amended to read:

16.964 (12) (b) The office shall make grants to counties to enable them to establish and operate programs, including suspended and deferred prosecution programs and programs based on principles of restorative justice, that provide alternatives to prosecution and incarceration for criminal offenders who abuse alcohol or other drugs. The office shall make the grants from the appropriations under s. 20.505 (6) (b), (j) (kn), and (ku). The office shall collaborate with the departments of corrections and health services in establishing this grant program.

32,330 Section 330. 16.964 (12) (br) of the statutes is created to read:

16.964 (12) (br) Any county that receives a grant under this subsection on or after January 1, 2012, shall provide matching funds that are equal to 25 percent of the amount of the grant.

32,330e Section 330e. 16.964 (12) (bt) of the statutes is created to read:

16.964 (12) (bt) The office shall make a grant under par. (b) in fiscal year 2011-12 to Milwaukee County in the amount of $333,900, if Milwaukee County provides matching funds equal to 25 percent of the amount of the grant.

32,330m Section 330m. 16.964 (12) (bt) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed.

32,330s Section 330s. 16.964 (12) (gm) of the statutes is created to read:

16.964 (12) (gm) Beginning in fiscal year 2012-13, the office shall, every 5 years, make grants under this subsection available to any county on a competitive basis. A county may apply for a grant under this paragraph regardless of whether the county has received a grant previously under this subsection.

32,331 Section 331. 16.964 (14) (intro.) of the statutes is amended to read:

16.964 (14) (intro.) Beginning in fiscal year 2008-09 2011-2012, from the appropriation under s. 20.505 (6) (f) (ke), the office shall in each fiscal year provide $20,000 $17,000 to each of the following child advocacy centers for education, training, medical advice, and quality assurance activities:

32,332 Section 332. 16.964 (15) (b) of the statutes is renumbered 16.964 (15) (b) 1.

32,333 Section 333. 16.964 (15) (b) 2. of the statutes is created to read:

16.964 (15) (b) 2. The office may charge a person that is not a state agency a fee for use of the statewide public safety interoperable communication system under par. (a).

32,334 Section 334. 16.967 (6) of the statutes is amended to read: