Amendment ASA1-SB40

SB40-ASA1, s. 68 Section 68. 16.75 (1) (a) 1. of the statutes, as affected by 2005 Wisconsin Act 141, is amended to read:

SB40-ASA1,40,2 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

SB40-ASA1, s. 102e Section 102e. 16.75 (1m) of the statutes is amended to read:

SB40-ASA1,40,17 16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority and, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, and the Health Insurance Risk-Sharing Plan Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.

SB40-ASA1, s. 69 Section 69. 16.75 (6) (bm) of the statutes is amended to read:

SB40-ASA1,40,25 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of workforce development children and families under s. 49.143, if the department of workforce development children and families presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

SB40-ASA1, s. 103g Section 103g. 16.75 (8) of the statutes is amended to read:

SB40-ASA1,41,8 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, the Lower Fox River Remediation Authority, and the Health Insurance Risk-Sharing Plan 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.

SB40-ASA1,41,14 2. Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, and the Health Insurance Risk-Sharing Plan 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 fiscal year, is not less than 40% of all purchased paper.

SB40-ASA1, s. 103h Section 103h. 16.75 (9) of the statutes is amended to read:

SB40-ASA1,41,21 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, the Lower Fox River Remediation Authority, and the Health Insurance Risk-Sharing Plan Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).

SB40-ASA1, s. 104b Section 104b. 16.765 (1) of the statutes is amended to read:

SB40-ASA1,42,8 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee 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.

SB40-ASA1, s. 105b Section 105b. 16.765 (2) of the statutes is amended to read:

SB40-ASA1,43,2 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee 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 employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

SB40-ASA1, s. 106b Section 106b. 16.765 (4) of the statutes is amended to read:

SB40-ASA1,43,9 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

SB40-ASA1, s. 107b Section 107b. 16.765 (5) of the statutes is amended to read:

SB40-ASA1,44,2 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation 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 boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation 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.

SB40-ASA1, s. 108b Section 108b. 16.765 (6) of the statutes is amended to read:

SB40-ASA1,44,12 16.765 (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, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

SB40-ASA1, s. 109b Section 109b. 16.765 (7) (intro.) of the statutes is amended to read:

SB40-ASA1,44,23 16.765 (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, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports and Entertainment Corporation shall:

SB40-ASA1, s. 110b Section 110b. 16.765 (7) (d) of the statutes is amended to read:

SB40-ASA1,45,6 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, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports and Entertainment Corporation.

SB40-ASA1, s. 111b Section 111b. 16.765 (8) of the statutes is amended to read:

SB40-ASA1,45,23 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Lower Fox River Remediation Authority, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

SB40-ASA1, s. 112g Section 112g. 16.847 (2) of the statutes is created to read:

SB40-ASA1,46,6 16.847 (2) Energy conservation construction projects. The department may provide funding to agencies, as defined in s. 16.70 (1e), for energy conservation construction projects at state facilities under the jurisdiction of the agencies to enhance the energy efficiency of the facilities. The department shall prescribe standards for evaluation of proposed projects and allocation of available moneys for those projects under this subsection.

SB40-ASA1, s. 112r Section 112r. 16.847 (3) of the statutes is created to read:

SB40-ASA1,46,14 16.847 (3) Assessments. The department may annually assess any agency that receives funding under sub. (2) in an amount determined by the department not exceeding the agency's proportionate share of debt service costs incurred under s. 20.505 (5) (kd) or the savings in the agency's energy costs generated, whichever is greater, as a result of an energy conservation construction project that was funded by the department under sub. (2). The department shall credit all revenues received under this subsection to the appropriation account under s. 20.505 (5) (kd).

SB40-ASA1, s. 70 Section 70. 16.848 (2) (gc), (gg), (gn), (gr), (gt) and (gw) of the statutes are created to read:

SB40-ASA1,46,18 16.848 (2) (gc) Subsection (1) does not apply to property that is subject to sale by the department of military affairs under s. 21.19 (3) or 21.42 (3).

SB40-ASA1,46,20 (gg) Subsection (1) does not apply to property that is conveyed by the department of corrections under s. 301.25.

SB40-ASA1,46,22 (gn) Subsection (1) does not apply to property that is subject to sale by the state under 20.909 (2).

SB40-ASA1,46,24 (gr) Subsection (1) does not apply to land that is sold or traded by the Kickapoo reserve management board under s. 41.41 (7).

SB40-ASA1,47,2 (gt) Subsection (1) does not apply to property that is donated by the department of transportation under s. 84.09 (5r).

SB40-ASA1,47,4 (gw) Subsection (1) does not apply to the sale of property by the department of health and family services under s. 51.06 (6).

SB40-ASA1, s. 71 Section 71. 16.848 (4) of the statutes is amended to read:

SB40-ASA1,47,21 16.848 (4) 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 sub. (5m) and 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, the department shall deposit the net proceeds or remaining net proceeds in the general fund.

SB40-ASA1, s. 115b Section 115b. 16.85 (2) of the statutes is amended to read:

SB40-ASA1,48,7 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "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 created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 279.

SB40-ASA1, s. 116b Section 116b. 16.865 (8) of the statutes is amended to read:

SB40-ASA1,48,23 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "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, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, or 237, or 279.

SB40-ASA1, s. 117m Section 117m. 16.956 of the statutes is created to read:

SB40-ASA1,48,25 16.956 Office of energy independence. (1) In this section:

SB40-ASA1,49,2 (a) "Biodevelopment" means research and development relating to the use of renewable resources for electricity, energy, and heating and transportation fuels.

SB40-ASA1,49,4 (b) "Bioindustry" means the manufacture, production, and trade of renewable resources used for electricity, energy, and heating and transportation fuels.

SB40-ASA1,49,5 (c) "Office" means the office of energy independence.

SB40-ASA1,49,6 (2) The office shall work on initiatives that have the following goals:

SB40-ASA1,49,9 (a) Advancing Wisconsin's vision for energy independence by generating at least 25 percent of power, and at least 25 percent of transportation fuels, used in this state from renewable resources by 2025.

SB40-ASA1,49,11 (b) Capturing in-state at least 10 percent of the national emerging bioindustry and renewable energy markets by 2030.

SB40-ASA1,49,14 (c) Ensuring that Wisconsin is a national leader in groundbreaking research that will make alternative energies more affordable and create well-paying jobs in this state.

SB40-ASA1,49,15 (3) The office shall do all of the following:

SB40-ASA1,49,17 (a) Ensure and facilitate the implementation of the initiatives specified in sub. (2) and identify barriers to the implementation of such initiatives.

SB40-ASA1,49,20 (b) Serve as a single point of contact to assist businesses, local units of government, and nongovernmental organizations that are pursuing biodevelopment, energy efficiency, and energy independence.

SB40-ASA1,49,22 (c) Develop energy independence policy options for consideration by the governor and state agencies.

SB40-ASA1,49,24 (d) Identify federal funding opportunities and facilitate applications for federal funding by private, and state and local governmental, entities.

SB40-ASA1,50,2 (e) Perform duties necessary to maintain federal energy funding and any designations required for such funding.

SB40-ASA1, s. 72 Section 72. 16.957 (3) (a) of the statutes is amended to read:

SB40-ASA1,50,7 16.957 (3) (a) The department shall, on the basis of competitive bids, contract with community action agencies described in s. 46.30 49.265 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181, or local units of government to provide services under the programs established under sub. (2) (a).

SB40-ASA1, s. 73 Section 73. 16.964 (1) (f) of the statutes is repealed.

SB40-ASA1, s. 74 Section 74. 16.964 (3) of the statutes is amended to read:

SB40-ASA1,50,11 16.964 (3) The governor shall appoint an executive director under s. 15.105 (19) (a) outside of the classified service.

SB40-ASA1, s. 75 Section 75. 16.964 (10) of the statutes is repealed.

SB40-ASA1, s. 76 Section 76. 16.964 (12) (c) 10. of the statutes is amended to read:

SB40-ASA1,50,20 16.964 (12) (c) 10. The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health and family services, private social services agencies, and substance abuse treatment providers.

SB40-ASA1, s. 77 Section 77. 16.964 (12) (e) 1. of the statutes is amended to read:

SB40-ASA1,51,7 16.964 (12) (e) 1. A county that receives a grant under this subsection shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections, children and families, and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.

SB40-ASA1, s. 78 Section 78. 16.964 (13) of the statutes is created to read:

SB40-ASA1,51,10 16.964 (13) (a) The bureau of criminal justice research shall do all of the following:

SB40-ASA1,51,12 1. Serve as a clearinghouse of justice system data and information and conduct justice system research and data analysis under this section.

SB40-ASA1,51,18 8. Not later than the first day of the 12th month beginning after the effective date of this subdivision .... [revisor inserts date], and biennially thereafter, prepare a report containing statewide statistics on standard sentences for each felony offense by region and for the state as a whole. The report shall be distributed to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3), to the governor, and to the director of state courts.

SB40-ASA1,51,20 (b) The executive director shall appoint a staff director under s. 15.105 (19) (b) outside of the classified service.

SB40-ASA1, s. 128d Section 128d. 16.971 (2) (Lg) of the statutes is created to read:

SB40-ASA1,52,2 16.971 (2) (Lg) 1. Develop, in consultation with each executive branch agency, other than the Board of Regents of the University of Wisconsin System, and adopt the following written policies for information technology development projects included in the strategic plan required of each executive branch agency under par. (L) and that either exceed $1,000,000 or that are vital to the functions of the executive branch agency:

SB40-ASA1,52,3 a. A standardized reporting format.

SB40-ASA1,52,5 b. A requirement that both proposed and ongoing information technology development projects be included.

SB40-ASA1,52,9 2. The department shall submit for review by the joint legislative audit committee and for approval by the joint committee on information policy and technology any proposed policies required under subd. 1. and any proposed revisions to the policies.

SB40-ASA1, s. 128m Section 128m. 16.971 (6) of the statutes is amended to read:

SB40-ASA1,52,13 16.971 (6) Notwithstanding sub. (2), the revisor of statutes legislative reference bureau shall approve the specifications for preparation and schedule for delivery of computer databases containing the Wisconsin statutes.

SB40-ASA1, s. 128t Section 128t. 16.973 (10) to (14) of the statutes are created to read:

SB40-ASA1,52,19 16.973 (10) In consultation with the legislative audit bureau and the joint legislative audit committee, promulgate administrative rules applicable to each executive branch agency, other than the Board of Regents of the University of Wisconsin System, pertaining to large, high-risk information technology projects that shall include:

SB40-ASA1,52,21 (a) A definition of and methodology for identifying large, high-risk information technology projects.

SB40-ASA1,52,23 (b) Standardized, quantifiable project performance measures for evaluating large, high-risk information technology projects.

SB40-ASA1,52,25 (c) Policies and procedures for routine monitoring of large, high-risk information technology projects.

SB40-ASA1,53,2 (d) A formal process for modifying information technology project specifications when necessary to address changes in program requirements.

SB40-ASA1,53,4 (e) Requirements for reporting changes in estimates of cost or completion date to the department and the joint committee on information policy and technology.

SB40-ASA1,53,6 (f) Methods for discontinuing projects or modifying projects that are failing to meet performance measures in such a way to correct the performance problems.