Amendment ASA-AB150

AB150-ASA,120,9 16.75 (4) (a) (intro.) The department shall encourage the participation of small businesses and veteran-owned businesses in the statewide purchasing program by ensuring that there are no undue impediments to such participation and by actively encouraging small businesses and veteran-owned businesses to play an active role in the solicitation of public purchasing business by agencies. To that end the department shall:

AB150-ASA, s. 380 Section 380. 16.75 (8) (a) 1. of the statutes is amended to read:

AB150-ASA,120,16 16.75 (8) (a) 1. The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and recovered materials.

AB150-ASA, s. 381 Section 381. 16.75 (8) (a) 2. (intro.) of the statutes is amended to read:

AB150-ASA,120,22 16.75 (8) (a) 2. (intro.) Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority shall ensure that the average recycled or recovered content of all paper purchased by the agency or authority measured as a proportion, by weight, of the fiber content of paper products purchased in a calendar year, is not less than the following:

AB150-ASA, s. 382 Section 382. 16.75 (9) of the statutes is amended to read:

AB150-ASA,121,3 16.75 (9) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and any authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).

AB150-ASA, s. 384 Section 384. 16.752 (8) (e) of the statutes is amended to read:

AB150-ASA,121,8 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 industry, labor and human relations development.

AB150-ASA, s. 385 Section 385. 16.76 (1) of the statutes is amended to read:

AB150-ASA,121,15 16.76 (1) All contracts for materials, supplies, equipment or contractual services to be provided to any agency shall run to the state of Wisconsin. Such contracts shall be signed by the secretary or an individual authorized by the secretary, except that contracts entered into directly by the legislature, the courts or a legislative service or judicial branch agency shall be signed by an individual authorized under s. 16.74 (2) (b).

AB150-ASA, s. 386 Section 386. 16.765 (1) of the statutes is amended to read:

AB150-ASA,121,24 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation under ch. 232 shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m) or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB150-ASA, s. 387 Section 387. 16.765 (2) (intro.) and (a) of the statutes are consolidated, renumbered 16.765 (2) and amended to read:

AB150-ASA,122,17 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall include the following provision in every contract executed by them: (a) "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause.

AB150-ASA, s. 388 Section 388. 16.765 (4) to (7) (intro.) of the statutes are amended to read:

AB150-ASA,122,22 16.765 (4) The contracting Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall take appropriate action to revise the standard government contract forms under this section.

AB150-ASA,123,8 (5) The head of each contracting agency and the board boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the board boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

AB150-ASA,123,14 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation for processing in accordance with the department's procedures.

AB150-ASA,123,19 (7) (intro.)  When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation shall:

AB150-ASA, s. 389 Section 389. 16.765 (7) (d) of the statutes is amended to read:

AB150-ASA,123,24 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation.

AB150-ASA, s. 390 Section 390. 16.78 of the statutes is amended to read:

AB150-ASA,124,9 16.78 Purchases from division of information technology services. (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 purchase all mainframe computer services from the division of information technology services in the department of administration, unless the division grants written authorization to the agency to procure the services under s. 16.75 (1), to purchase the services from another agency or to provide the services to itself. The board of regents of the university of Wisconsin system may purchase mainframe computer services from the division of information technology services.

AB150-ASA,124,12 (2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of mainframe computer services by any agency from the division of information technology services.

AB150-ASA, s. 390m Section 390m. 16.80 of the statutes is created to read:

AB150-ASA,124,20 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. 16.922 (1) (c), 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.

AB150-ASA, s. 391g Section 391g. 16.84 (3) of the statutes is created to read:

AB150-ASA,124,24 16.84 (3) Contract with the gaming commission for the performance of building and warehouse protection relating to ch. 565, if so requested by the gaming commission.

AB150-ASA, s. 391r Section 391r. 16.84 (3) of the statutes, as created by 1995 Wisconsin Act ....(this act), is amended to read:

AB150-ASA,125,5 16.84 (3) Contract with the gaming commission department of revenue for the performance of building and warehouse protection relating to ch. 565, if so requested by the gaming commission department of revenue.

AB150-ASA, s. 392 Section 392. 16.84 (5) of the statutes is amended to read:

AB150-ASA,125,16 16.84 (5) Have responsibility, subject to approval of the governor, for all functions relating to the leasing, acquisition, allocation and utilization of all real property by the state, except where such responsibility is otherwise provided by the statutes. In this connection, the department shall, with the governor's approval, require physical consolidation of office space utilized by any executive branch agency having fewer than 50 authorized full-time equivalent positions with office space utilized by another executive branch agency, whenever feasible. The department shall lease or acquire office space for legislative offices or legislative service agencies at the direction of the joint committee on legislative organization. In this subsection, "executive branch agency" has the meaning given in s. 16.70 (4).

AB150-ASA, s. 393 Section 393. 16.84 (14) of the statutes is created to read:

AB150-ASA,125,20 16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kd).

AB150-ASA, s. 394 Section 394. 16.845 (1) of the statutes is amended to read:

AB150-ASA,126,13 16.845 (1) Rule; penalty. Except as elsewhere expressly prohibited, the managing authority of any facility owned by the state or by the University of Wisconsin Hospitals and Clinics Authority may permit its use for free discussion of public questions, or for civic, social, recreational or athletic activities. No such use shall be permitted if it would unduly burden the managing authority or interfere with the prime use of such facility. The applicant for use shall be liable to the state or to the University of Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any expense arising out of any such use and for such sum as the managing authority may charge for such use. All such sums are to payable to the state shall be paid into the general fund and to be credited to the appropriation account for the operation of the facility used. The managing authority may permit such use notwithstanding the fact that a reasonable admission fee may be charged to the public. Whoever does or attempts to do an act for which a permit is required under this section without first obtaining the permit may be fined not more than $100 or imprisoned not more than 30 days or both. This section subsection applies only to those buildings, facilities and grounds for which a procedure for obtaining a permit has been established by the managing authority.

AB150-ASA, s. 394m Section 394m. 16.846 of the statutes is created to read:

AB150-ASA,126,16 16.846 Fine arts in state buildings program. (1) Definitions. In this section:

AB150-ASA,126,17 (a) "State building" has the meaning given in s. 44.51 (2).

AB150-ASA,126,18 (b) "Work of art" has the meaning given in s. 44.51 (3).

AB150-ASA,127,2 (2) Minimum expenditure required. (a) Except as provided in par. (b), at least 0.02% of the appropriation for the construction, reconstruction, renovation or remodeling of or addition to a state building, including but not limited to amounts appropriated for design and supervision, site preparation, equipment and administrative and personnel costs, shall be utilized to acquire one or more works of art to be incorporated into the structure for which the appropriation was made, or displayed inside or on the grounds of that structure and to fund all administrative costs that the board incurs in acquiring one or more works of art.

AB150-ASA,127,8 (b) If the state building to which this section applies is located contiguous to other state buildings, the advisory committee acting under sub. (3) may apply the funds set aside under par. (a) to the acquisition, including all associated administrative costs, of one or more works of art to be incorporated into one of the other contiguous buildings or to be displayed on the grounds of one or more of the contiguous state buildings.

AB150-ASA,127,12 (3) Advisory committee. (a) After selection of the architect for any project subject to this section, the department shall convene an advisory committee for the purpose of reviewing and recommending works of art to be incorporated into the structure.

AB150-ASA,127,14 (b) The advisory committee shall consist of at least 5 members appointed by the secretary, including:

AB150-ASA,127,16 1. At least 2 persons who are artists, art educators, art administrators, museum directors or curators, art critics or art collectors.

AB150-ASA,127,18 2. At least 2 persons who are project managers, architects, users of the building or members of the building commission.

AB150-ASA,127,25 (4) Contracts with artists. (a) After review of the recommendations of the advisory committee convened under sub. (3), the department shall make the final selection of the artist and the work of art to be incorporated into the project. The department shall ensure that the aggregate of works of art selected under this section represent a wide variety of art forms executed by the broadest feasible diversity of artists, except that the department shall give preference to artists who are residents of this state.

AB150-ASA,128,4 (b) 1. The department shall enter into one or more contracts to procure the work of art selected for the project. Except as provided in subd. 2., the contracts shall provide for sole ownership of the works of art acquired under this section in the state of Wisconsin.

AB150-ASA,128,12 2. If the work of art to be acquired is an existing work of art and is no longer subject to the control of the artist originating the work of art, the contract shall provide sole ownership in the state of Wisconsin, subject to the existing obligations, if any, of the owner to the originating artist. If the work of art selected is a work of art which is owned by the artist originating the work of art or if the work of art has not been executed on the date of the contract, the contract shall provide for sole ownership in the state of Wisconsin, subject to the following rights retained by the artist unless limited by written agreement between the department and the artist:

AB150-ASA,128,13 a. The right to claim authorship of the work of art.

AB150-ASA,128,15 b. The right to reproduce the work of art, including all rights secured to the artist under federal copyrights laws.

AB150-ASA,128,17 (5) Department responsibilities. After acquisition of the work of art under sub. (4), the department shall:

AB150-ASA,128,19 (a) Ensure proper execution of the work of art, if the work of art is a new work of art.

AB150-ASA,128,21 (b) Ensure that the work of art acquired under this section is properly installed within the public view.

AB150-ASA,128,24 (c) Consult with the artist or the artist's representative to ensure that each work of art acquired under this section is properly maintained and is not artistically altered without the consent of the artist or the artist's representative.

AB150-ASA,129,8 (d) Ensure that any work of art acquired under this section is maintained and displayed on the grounds of the state building for at least 25 years, unless the department finds that earlier removal is in the public interest. When the department, in consultation with the agency making principal use of the building to which the work of art is appurtenant, determines that the work of art should be removed, the department shall loan the work of art to an accredited museum in the state or to an educational or other appropriate public institution capable of maintaining and exhibiting the work of art.

AB150-ASA,129,9 (6) Applicability. (a) This section does not apply to any of the following:

AB150-ASA,129,12 1. Any contract for the construction, reconstruction, renovation or remodeling of or addition to any state building if the total construction cost of the project is $250,000 or less.

AB150-ASA,129,14 2. Sheds, warehouses, highways or streets, or other buildings or spaces which are not open for entry by the general public in the normal use of the building or space.

AB150-ASA,129,16 3. Game farms, fish hatcheries, nurseries and other production facilities operated by the department of natural resources.

AB150-ASA,129,19 (b) This section does not apply if the joint committee on finance has approved the funding report of the arts board under 1995 Wisconsin Act .... (this act), section 9105 (3g) (a).

AB150-ASA, s. 396 Section 396. 16.847 (4) (h) of the statutes is repealed.

AB150-ASA, s. 397m Section 397m. 16.848 of the statutes is created to read:

AB150-ASA,129,23 16.848 Energy savings performance contracting. (1) Definitions. In this section:

AB150-ASA,129,24 (a) "Agency" has the meaning given in s. 16.70 (1).

AB150-ASA,130,3 (b) "Energy conservation measure" means a facility alteration or training, service or operations program designed to reduce energy consumption or operating costs or ensure state or local building code compliance.

AB150-ASA,130,6 (c) "Performance contract" means a contract for the evaluation and recommendation of energy conservation and facility improvement measures, and for the implementation of one or more such measures.

AB150-ASA,130,11 (d) "Qualified provider" means a person who is experienced in the design, implementation and installation of energy conservation and facility improvement measures and who has the ability to provide labor and material payment and performance bonds equal to the maximum amount of any payments due under a performance contract entered into by the person.

AB150-ASA,130,15 (2) Authorization; report. (a) Any agency may, in accordance with this section, enter into a performance contract under subch. IV with a qualified provider to reduce energy or operating costs, ensure state or local building code compliance or enhance the protection of property of the agency.

AB150-ASA,130,25 (b) Prior to entering into a performance contract for the implementation of any energy conservation or facility improvement measure, an agency shall obtain a report from a qualified provider containing recommendations concerning the amount the agency should spend on energy conservation and facility improvement measures The report shall contain estimates of all costs of installation, modifications, or remodeling, including costs of design, engineering, maintenance, repairs and financing. In addition, the report shall contain a guarantee specifying a minimum amount by which energy or operating costs of the agency will be reduced, if the installation, modification or remodeling is performed by that qualified provider.

AB150-ASA,131,5 (c) If, after review of the report under par. (b), the agency finds that the amount it would spend on the energy conservation and facility improvement measures recommended in the report is not likely to exceed the amount to be saved in energy and operation costs over the remaining useful life of the facility to which the measures apply, the agency may enter into the contract.

AB150-ASA,131,7 (d) Any performance contract for construction work is subject to approval under subch. V and ss. 13.48 (10) and 20.924 (1).

AB150-ASA,131,12 (3) Notice. Before entering into a performance contract under this section, an agency shall publish a class 1 notice of its intent to award the performance contract, the names of the parties to the proposed performance contract, and a description of the energy conservation and facility improvement measures included in the performance contract.

AB150-ASA,131,15 (4) Instalment payment and lease-purchase agreements. An agency may enter into an instalment payment contract or lease-purchase agreement for the purchase and installation of energy conservation or facility improvement measures.

AB150-ASA,131,19 (5) Payment schedule; savings. Each performance contract shall provide that all payments, except obligations on termination of the contract before its expiration, shall be made over time as energy savings are achieved. Energy savings shall be guaranteed by the qualified provider for the entire term of the performance contract.

AB150-ASA,131,22 (6) Terms of contracts. A performance contract may extend beyond the fiscal year in which it becomes effective, subject to appropriation of moneys for costs incurred in future fiscal years.

AB150-ASA,131,25 (7) Allocation of obligations. Each agency shall allocate sufficient moneys from its appropriations for each fiscal year to make payment of any amounts payable by the agency under performance contracts during that fiscal year.

AB150-ASA,132,3 (8) Bonds. Each qualified provider under a performance contract shall provide labor and material payment and performance bonds in an amount equivalent to the maximum amount of any payments due under the contract.

AB150-ASA,132,8 (9) Use of moneys. Unless otherwise provided by law, if an agency receives appropriations designated for operating and capital expenditures, the agency may use moneys designated for operating or capital expenditures to make payments under any performance contract, including instalment payments or payments under lease-purchase agreements.

AB150-ASA,132,15 (10) Monitoring; reports. During the entire term of each performance contract, the qualified provider entering into the contract shall monitor the reductions in energy consumption and cost savings attributable to the energy conservation and facility improvement measures installed under the contract, and shall periodically prepare and provide a report to the agency entering into the contract documenting the reductions in energy consumption and cost savings to the agency.

AB150-ASA,132,17 (11) Energy conservation measures. Energy conservation measures under this section may include the following:

AB150-ASA,132,18 (a) Insulation of a building structure or systems within a building.

AB150-ASA,132,22 (b) Storm windows or doors, caulking or weather stripping, multiglazed windows or doors, heat-absorbing or heat-reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.

AB150-ASA,132,24 (c) Automated or computerized energy control and facility management systems or computerized maintenance management systems.

AB150-ASA,133,2 (d) Heating, ventilating or air conditioning system modifications or replacements.

AB150-ASA,133,7 (e) Replacement or modification of lighting fixtures to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable state or local building code for the lighting system after the proposed modifications are made.

AB150-ASA,133,8 (f) Energy recovery systems.

AB150-ASA,133,9 (g) Utility management systems and services.