Amendment ASA1-AB100

AB100-ASA1, s. 102nr Section 102nr. 16.351 (1) of the statutes is amended to read:

AB100-ASA1,49,3 16.351 (1) Grants. From moneys available under s. 20.505 (7) (h), the department shall make grants to organizations, including organizations operated for profit, that provide shelter or services to homeless individuals or families.

AB100-ASA1, s. 102or Section 102or. 16.352 (1) (b) 7. of the statutes is created to read:

AB100-ASA1,49,5 16.352 (1) (b) 7. An organization operated for profit.

AB100-ASA1, s. 102pr Section 102pr. 16.358 (3) of the statutes is created to read:

AB100-ASA1,49,11 16.358 (3) Notwithstanding sub. (2), the department shall promulgate rules that specify that an applicant for funds under a program under this section shall be eligible to receive funds under the program in the year following the year for which the applicant submits an application, without having to submit another application for that following year, if all of the following apply:

AB100-ASA1,49,12 (a) The applicant is an eligible applicant under the terms of the program.

AB100-ASA1,49,14 (b) The applicant did not receive funds under the program in the year for which the application was submitted.

AB100-ASA1, s. 79 Section 79. 16.405 (1) of the statutes is amended to read:

AB100-ASA1,49,20 16.405 (1) At any time the department determines that a deficiency will occur in the funds of the state which will not permit the state to meet its operating obligations in a timely manner, it may prepare a request for the issuance of operating notes under subch. III of ch. 18 and, subject to sub. subs. (2) and (3), may submit the request to the building commission.

AB100-ASA1, s. 80 Section 80. 16.405 (2) of the statutes is amended to read:

AB100-ASA1,49,24 16.405 (2) The department may not submit a request to the building commission under sub. (1) unless the request is signed by the secretary and the governor, and approved by the joint committee on finance.

AB100-ASA1, s. 81 Section 81. 16.405 (3) of the statutes is created to read:

AB100-ASA1,50,11 16.405 (3) If the department proposes to submit a request to the building commission under sub. (1), the secretary shall notify the joint committee on finance in writing of the proposed action. If the cochairpersons of the committee do not notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission within 14 working days after the date of the secretary's notification, the department may submit the request to the building commission as proposed. If, within 14 working days after the date of the secretary's notification, the cochairpersons of the committee notify the secretary that the committee has scheduled a meeting for the purpose of reviewing the proposed submission, the department may submit the request to the building commission only upon approval of the committee.

AB100-ASA1, s. 105g Section 105g. 16.417 (title) of the statutes is amended to read:

AB100-ASA1,50,13 16.417 (title) Limitation on dual Dual employment or retention.

AB100-ASA1, s. 105h Section 105h. 16.417 (1) (a) of the statutes is repealed and recreated to read:

AB100-ASA1,50,19 16.417 (1) (a) "Agency" means an office, department, independent agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.

AB100-ASA1, s. 105i Section 105i. 16.417 (1) (b) of the statutes is amended to read:

AB100-ASA1,50,22 16.417 (1) (b) "Authority" means a body created under ch. 231, 232 or, 233, 234 or 235.

AB100-ASA1, s. 105j Section 105j. 16.417 (1) (c) of the statutes is created to read:

AB100-ASA1,50,24 16.417 (1) (c) "Elective state official" has the meaning given in s. 13.62 (6).

AB100-ASA1, s. 105k Section 105k. 16.417 (2) of the statutes is renumbered 16.417 (2) (a) and amended to read:

AB100-ASA1,51,8 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.

AB100-ASA1,51,10 (c) No agency or authority may employ any individual or enter into any contract in violation of this subsection.

AB100-ASA1,51,14 (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.

AB100-ASA1,51,17 (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.

AB100-ASA1,51,20 (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.

AB100-ASA1, s. 105L Section 105L. 16.417 (2) (b) of the statutes is created to read:

AB100-ASA1,52,2 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.

AB100-ASA1, s. 107 Section 107. 16.505 (2m) of the statutes is amended to read:

AB100-ASA1,52,11 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), (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.

AB100-ASA1, s. 82 Section 82. 16.52 (10) (title) of the statutes is amended to read:

AB100-ASA1,52,13 16.52 (10) (title) Department of education public instruction.

AB100-ASA1, s. 83 Section 83. 16.70 (3m) of the statutes is created to read:

AB100-ASA1,52,15 16.70 (3m) "Educational technology" has the meaning given in s. 44.70 (3).

AB100-ASA1, s. 117m Section 117m. 16.71 (1) of the statutes is amended to read:

AB100-ASA1,53,2 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.

AB100-ASA1, s. 117n Section 117n. 16.71 (4) of the statutes is created to read:

AB100-ASA1,53,7 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.

AB100-ASA1, s. 84 Section 84. 16.72 (4) (b) of the statutes is amended to read:

AB100-ASA1,53,16 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.

AB100-ASA1, s. 119d Section 119d. 16.72 (7) of the statutes is repealed.

AB100-ASA1, s. 85 Section 85. 16.72 (8) of the statutes is created to read:

AB100-ASA1,53,24 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.

AB100-ASA1, s. 123m Section 123m. 16.76 (4) (b) of the statutes is amended to read:

AB100-ASA1,54,8 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).

AB100-ASA1, s. 123n Section 123n. 16.79 (title) of the statutes is amended to read:

AB100-ASA1,54,10 16.79 (title) Duties of department of administration State publications.

AB100-ASA1, s. 123r Section 123r. 16.79 (3) of the statutes is created to read:

AB100-ASA1,54,16 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.

AB100-ASA1, s. 86 Section 86. 16.80 of the statutes is amended to read:

AB100-ASA1,54,24 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.

AB100-ASA1, s. 124m Section 124m. 16.848 of the statutes is repealed.

AB100-ASA1, s. 87 Section 87. 16.85 (15) of the statutes is created to read:

AB100-ASA1,55,7 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).

AB100-ASA1, s. 88 Section 88. 16.855 (1) of the statutes is amended to read:

AB100-ASA1,55,19 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.

AB100-ASA1, s. 89 Section 89. 16.855 (2) (intro.) of the statutes is amended to read:

AB100-ASA1,55,23 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:

AB100-ASA1, s. 90 Section 90. 16.855 (13) (a) of the statutes is amended to read:

AB100-ASA1,56,4 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.

AB100-ASA1, s. 91 Section 91. 16.855 (14) (a) of the statutes is amended to read:

AB100-ASA1,56,16 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.

AB100-ASA1, s. 92 Section 92. 16.855 (19) of the statutes is amended to read:

AB100-ASA1,57,8 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.

AB100-ASA1, s. 130g Section 130g. 16.855 (22) of the statutes is created to read:

AB100-ASA1,57,18 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.

AB100-ASA1, s. 130r Section 130r. 16.855 (23) of the statutes is created to read:

AB100-ASA1,57,22 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.

AB100-ASA1,58,2 (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:

AB100-ASA1,58,3 1. The digital signature is unique to the person using it.

AB100-ASA1,58,4 2. The digital signature is under the sole control of the person using it.

AB100-ASA1,58,6 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.

AB100-ASA1,58,8 4. The digital signature is capable of verification under the procedures promulgated as rules under par. (d).

AB100-ASA1,58,9 5. The digital signature conforms to any other rules promulgated under par. (d).

AB100-ASA1,58,12 (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.

AB100-ASA1,58,14 (d) The department shall promulgate rules to govern the use of digital signatures under this subsection and to establish procedures for their verification.

AB100-ASA1, s. 93 Section 93. 16.858 of the statutes is created to read:

AB100-ASA1,59,4 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.

AB100-ASA1,59,20 (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.

AB100-ASA1,59,22 (3) Any contract under sub. (1) shall include a provision stating in substance that payments under the contract are contingent upon available appropriations.

AB100-ASA1,60,7 (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.

AB100-ASA1, s. 133am Section 133am. 16.966 (title), (1) and (2) of the statutes are created to read:

AB100-ASA1,60,10 16.966 (title) Land information support. (1) In this section, "state agency" has the meaning given for "agency" under s. 16.045 (1) (a).

AB100-ASA1,60,16 (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).

AB100-ASA1, s. 133b Section 133b. 16.966 (1) and (2) of the statutes, as created by 1997 Wisconsin Act .... (this act), are repealed.

AB100-ASA1, s. 133c Section 133c. 16.966 (3) and (4) of the statutes are created to read:

AB100-ASA1,61,8 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.