Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,90,2 16.518 (3) (a) Subject to par. (b), if the amount of moneys projected to be deposited in the general fund during the fiscal year that are designated as "Taxes" in the summary is less than the amount of such moneys actually deposited in the general fund during the fiscal year, the secretary shall annually transfer from the general fund to the budget stabilization fund 50% 100% of the amount calculated under sub. (2).".

AB1-SSA1-SA2,90,3 33. Page 11, line 9: after that line insert:

AB1-SSA1-SA2,90,4 " Section 23p. 19.42 (3m), (4g) and (4r) of the statutes are created to read:

AB1-SSA1-SA2,90,6 19.42 (3m) "Candidate," except as otherwise provided, has the meaning given in s. 11.01 (1).

AB1-SSA1-SA2,90,8 (4g) "Clearly identified," when used in reference to a communication containing a reference to a person, means one of the following:

AB1-SSA1-SA2,90,9 (a) The person's name appears.

AB1-SSA1-SA2,90,10 (b) A photograph or drawing of the person appears.

AB1-SSA1-SA2,90,11 (c) The identity of the person is apparent by unambiguous reference.

AB1-SSA1-SA2,90,16 (4r) "Communication" means a message transmitted by means of a printed advertisement, billboard, handbill, sample ballot, radio or television advertisement, telephone call, or any medium that may be utilized for the purpose of disseminating or broadcasting a message, but not including a poll conducted solely for the purpose of identifying or collecting data concerning the attitudes or preferences of electors.".

AB1-SSA1-SA2,90,17 34. Page 11, line 9: after that line insert:

AB1-SSA1-SA2,90,18 " Section 20r. 16.70 (3m) of the statutes is amended to read:

AB1-SSA1-SA2,90,20 16.70 (3m) "Educational technology" has the meaning given in s. 44.70 (3) 115.997 (3).

AB1-SSA1-SA2, s. 20rm Section 20rm. 16.71 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,91,4 16.71 (4) With the approval of the department of electronic government, the The department of administration shall delegate authority to the technology for educational achievement in Wisconsin board department of public instruction 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 department of public instruction.

AB1-SSA1-SA2, s. 20s Section 20s. 16.72 (8) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,91,12 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 department of public instruction on behalf of school districts, cooperative educational service agencies, technical college districts and the board of regents of the University of Wisconsin System.

AB1-SSA1-SA2, s. 23m Section 23m. 16.974 (1) to (4) of the statutes, as affected by 2001 Wisconsin Act 16, are renumbered 16.971 (13) to (16) and amended to read:

AB1-SSA1-SA2,91,19 16.974 (13) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide secured correctional facilities, as defined in s. 44.70 (3r) 115.997 (3r), school districts and cooperative educational service agencies with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.

AB1-SSA1-SA2,91,24 (14) Subject to s. 44.73 (5), coordinate Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide private colleges, technical college districts, public library boards and public library systems with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.

AB1-SSA1-SA2,92,4 (15) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide private schools with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.

AB1-SSA1-SA2,92,9 (16) Coordinate with the technology for educational achievement in Wisconsin board department of public instruction to provide the Wisconsin Center for the Blind and Visually Impaired and the Wisconsin School for the Deaf with telecommunications access under s. 44.73 115.9995 and contract with telecommunications providers to provide such access.".

AB1-SSA1-SA2,92,10 35. Page 11, line 9: after that line insert:

AB1-SSA1-SA2,92,11 " Section 20p. 16.85 (10m) of the statutes is created to read:

AB1-SSA1-SA2,92,23 16.85 (10m) To investigate the potential to incorporate and use distributed generation units in any state building project that is expected to involve an expenditure of $5,000,000 or more in connection with the planning process for the long-range state building program under sub. (10). In conducting its investigation, the department shall consider the cost effectiveness of such use, the potential for such use to increase statewide power generation capacity, and the potential for cost savings to be realized by the state from such use. The department shall report the results of its investigation, together with its recommendations and the reasons therefor, to the building commission prior to consideration of the project by the commission. In this subsection, "distributed generation unit" means any form of energy generation that may be used by electric consumers for the generation of electric power.".

AB1-SSA1-SA2,92,24 36. Page 11, line 9: after that line insert:

AB1-SSA1-SA2,93,2 " Section 20n. 16.61 (2) (af) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,93,3 16.61 (2) (af) "Form" has the meaning specified in s. 22.01 16.97 (5p).

AB1-SSA1-SA2, s. 20p Section 20p. 16.61 (3n) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,93,7 16.61 (3n) Exempt forms. The board may not receive or investigate complaints about the forms specified in s. 22.03 16.971 (2m).

AB1-SSA1-SA2, s. 20q Section 20q. 16.70 (4m) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,93,11 16.70 (4m) "Information technology" has the meaning given in s. 22.01 16.97 (6).

AB1-SSA1-SA2, s. 20r Section 20r. 16.70 (15) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,93,14 16.70 (15) "Telecommunications" has the meaning given in s. 22.01 16.97 (10).

AB1-SSA1-SA2, s. 20s Section 20s. 16.71 (1m) of the statutes, as created by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,93,25 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 administrator of the division of electronic government. 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 administrator of the division of electronic government.

AB1-SSA1-SA2, s. 20sd Section 20sd. 16.71 (2m) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.

AB1-SSA1-SA2, s. 20t Section 20t. 16.72 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,94,16 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 administrator of the division of electronic government.

AB1-SSA1-SA2, s. 20tf Section 20tf. 16.72 (2) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,95,3 16.72 (2) (b) Except as provided in par. (a) and ss. 16.25 (4) (b), 16.751 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 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.

AB1-SSA1-SA2, s. 20tm Section 20tm. 16.72 (4) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,95,17 16.72 (4) (a) Except as provided in ss. 16.71 and s. 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.

AB1-SSA1-SA2, s. 20ts Section 20ts. 16.75 (3t) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,95,21 16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 22.01 16.97 (5p).

AB1-SSA1-SA2, s. 20u Section 20u. 16.75 (6) (am) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,96,5 16.75 (6) (am) Subsections (1) and (3t) do not apply to procurements by the department division of electronic government. Annually not later than October 1, the department division of electronic government shall report to the department of administration secretary, in the form specified by the secretary, concerning all procurements by the department of electronic government division during the preceding fiscal year that were not made in accordance with the requirements of subs. (1) and (3t).

AB1-SSA1-SA2, s. 20uc Section 20uc. 16.752 (12) (i) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,96,9 16.752 (12) (i) Paragraph (a) does not apply to procurements by the department division of electronic government.

AB1-SSA1-SA2, s. 20uL Section 20uL. 16.78 of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,97,2 16.78 Purchases from department division of electronic government. (1) Every agency other than the board of regents of the University of Wisconsin System and or 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 division of electronic government, unless the department division 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 division of electronic government.

AB1-SSA1-SA2,97,5 (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 division of electronic government under sub. (1).

AB1-SSA1-SA2, s. 23c Section 23c. Subchapter VII (title) of chapter 16 [precedes s. 16.97] of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,97,8 CHAPTER 16

AB1-SSA1-SA2,97,9 SUBCHAPTER VII

AB1-SSA1-SA2,97,11 EDUCATIONAL TECHNOLOGY ELECTRONIC GOVERNMENT

AB1-SSA1-SA2, s. 23d Section 23d. 16.97 of the statutes, as affected by 2001 Wisconsin Act 16, is repealed and recreated to read:

AB1-SSA1-SA2,97,14 16.97 Definitions. In this subchapter:

AB1-SSA1-SA2,97,15 (1) "Administrator" means the administrator of the division.

AB1-SSA1-SA2,97,16 (5) "Division" means the division of electronic government.

AB1-SSA1-SA2, s. 23f Section 23f. 16.974 (intro.) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed.

AB1-SSA1-SA2, s. 23h Section 23h. 19.36 (4) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,97,25 19.36 (4) Computer programs and data. A computer program, as defined in s. 22.03 16.971 (4) (c), is not subject to examination or copying under s. 19.35 (1), but the material used as input for a computer program or the material produced as a product of the computer program is subject to the right of examination and copying, except as otherwise provided in s. 19.35 or this section.".

AB1-SSA1-SA2,98,1 37. Page 11, line 9: after that line insert:

AB1-SSA1-SA2,98,2 " Section 21r. 17.025 (4) (c) of the statutes is amended to read:

AB1-SSA1-SA2,98,7 17.025 (4) (c) Secretary of state; state treasurer. When the temporary vacancy exists in the office of secretary of state or in the office of state treasurer, the duties of the office shall be assumed, respectively, by the first emergency interim successor designated under s. 166.08 (4) or, if no such designation has been made for the respective office, then by a deputy an individual appointed by the governor.

AB1-SSA1-SA2, s. 21t Section 21t. 17.025 (4) (d) of the statutes is amended to read:

AB1-SSA1-SA2,98,13 17.025 (4) (d) Attorney general; state superintendent. When the temporary vacancy exists in the office of attorney general or in the office of state superintendent of public instruction, the duties of the office shall be assumed, respectively, by the deputy under s. 15.04 (2) or, if such office is vacant, by a deputy by an individual appointed by the governor.

AB1-SSA1-SA2, s. 23c Section 23c. 19.01 (4) (a) 10. of the statutes is repealed.

AB1-SSA1-SA2, s. 23h Section 23h. 19.42 (10) (L) of the statutes is amended to read:

AB1-SSA1-SA2,98,18 19.42 (10) (L) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.".

AB1-SSA1-SA2,98,19 38. Page 11, line 9: after that line insert:

AB1-SSA1-SA2,98,20 " Section 20r. 16.705 (2m) of the statutes is created to read:

AB1-SSA1-SA2,99,4 16.705 (2m) The department shall review each proposed contract for contractual services that provides for expenditure of more than $150,000 or which the department estimates will result in expenditure of more than $150,000 to determine whether the expenditures to be made under the contract will be efficient and cost-effective. The secretary shall file a report with the cochairpersons of the joint committee on finance no later than March 1 of each odd-numbered year concerning its determinations issued during the biennium ending on the preceding December 31.".

AB1-SSA1-SA2, s. 20t Section 20t. 16.71 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,99,17 16.71 (1) Except as otherwise required under this section and s. 16.78 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. No delegation has the effect of exempting any proposed contract for contractual services from review under s. 16.705. 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.".

AB1-SSA1-SA2,99,18 39. Page 11, line 15: after that line insert:

AB1-SSA1-SA2,99,19 " Section 24t. 19.42 (13) (k) of the statutes is amended to read:

AB1-SSA1-SA2,99,22 19.42 (13) (k) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.".

AB1-SSA1-SA2,99,23 40. Page 11, line 18: after that line insert:

AB1-SSA1-SA2,99,24 " Section 25cb. 19.45 (13) of the statutes is created to read:

AB1-SSA1-SA2,100,10 19.45 (13) No state public official holding an elective office may, directly or by means of an agent, give, or offer or promise to give, or withhold, or offer or promise to withhold, his or her vote or influence, or promise to take or refrain from taking official action with respect to any proposed or pending matter in consideration of, or upon condition that, any other person make or refrain from making a political contribution, or provide or refrain from providing any service or other thing of value, to or for the benefit of a candidate, a political party, any other person who is subject to a registration requirement under s. 11.05, or any person making a communication that contains a reference to a clearly identified state public official holding an elective office or to a candidate for state public office.

AB1-SSA1-SA2, s. 25cd Section 25cd. 19.49 (1m) of the statutes is created to read:

AB1-SSA1-SA2,100,16 19.49 (1m) No complaint alleging a violation of s. 19.45 (13) may be filed during the period beginning 120 days before a general or spring election, or during the period commencing on the date of the order of a special election under s. 8.50, and ending on the date of that election, against a candidate who files a declaration of candidacy to have his or her name appear on the ballot at that election.

AB1-SSA1-SA2, s. 25cf Section 25cf. 19.49 (5) of the statutes is renumbered 19.49 (5) (a) and amended to read:

AB1-SSA1-SA2,100,21 19.49 (5) (a) No Except as provided in par. (b), no action may be taken on any complaint which that is filed later than 3 years after a violation of this subchapter or subch. III of ch. 13 is alleged to have occurred.

AB1-SSA1-SA2, s. 25ch Section 25ch. 19.49 (5) (b) of the statutes is created to read:

AB1-SSA1-SA2,100,25 19.49 (5) (b) The period of limitation under par. (a) is tolled for a complaint alleging a violation of s. 19.45 (13) or 19.59 (1) (br) for the period during which such a complaint may not be filed under s. 19.49 (1m) or 19.59 (8) (cm).

AB1-SSA1-SA2, s. 25cj Section 25cj. 19.53 (6) of the statutes is amended to read:

AB1-SSA1-SA2,101,18 19.53 (6) An order requiring the accused to forfeit not more than $500 for each violation of s. 19.43, 19.44, or 19.56 (2) or not more than $5,000 for each violation of any other provision of this subchapter, or not more than the applicable amount specified in s. 13.69 for each violation of subch. III of ch. 13; and, if. If the board determines that the accused has realized economic gain as a result of the violation, an the board may, in addition, order requiring the accused to forfeit the amount gained as a result of the violation. In addition, if the board determines that a state public official has violated s. 19.45 (13), the board may order the official to forfeit an amount equal to the amount or value of any political contribution, service, or other thing of value that was wrongfully obtained. If the board determines that a state public official has violated s. 19.45 (13) and no political contribution, service or other thing of value was obtained, the board may order the official to forfeit an amount equal to the maximum contribution authorized under s. 11.26 (1) for the office held or sought by the official, whichever amount is greater. The attorney general, when so requested by the board, shall institute proceedings to recover any forfeiture incurred under this section or s. 19.545 which is not paid by the person against whom it is assessed.