SB40-SSA1,36,83
16.54
(12) (a)
Except as provided under 2007 Wisconsin Act .... (this act),
4section 9121 (1m), the The department of health and family services may not expend
5or encumber any moneys received under s. 20.435 (8) (mm) unless the department
6of health and family services submits a plan for the expenditure of the moneys to the
7department of administration and the department of administration approves the
8plan.
SB40-SSA1, s. 95
9Section
95
. 16.54 (12) (b) of the statutes is amended to read:
SB40-SSA1,36,1610
16.54
(12) (b)
The Except as provided under 2007 Wisconsin Act .... (this act),
11section 9155 (1m), the department of
workforce development children and families 12may not expend or encumber any moneys
received under s. 20.445 credited to the
13appropriation account under s. 20.437 (2) (mm) or (3) (mm) unless the department
14of
workforce development children and families submits a plan for the expenditure
15of the moneys to the department of administration and the department of
16administration approves the plan.
SB40-SSA1, s. 96
17Section
96
. 16.54 (12) (b) of the statutes, as affected by 2007 Wisconsin Act ....
18(this act), is amended to read:
SB40-SSA1,36,2419
16.54
(12) (b)
Except as provided under 2007 Wisconsin Act .... (this act),
20section 9155 (1m), the The department of children and families may not expend or
21encumber any moneys credited to the appropriation account under s. 20.437 (2) (mm)
22or (3) (mm) unless the department of children and families submits a plan for the
23expenditure of the moneys to the department of administration and the department
24of administration approves the plan.
SB40-SSA1, s. 97
25Section
97
. 16.54 (12) (d) of the statutes is amended to read:
SB40-SSA1,37,8
116.54
(12) (d) At the end of each fiscal year, the department of administration
2shall determine the amount of moneys that remain in the appropriation accounts
3under ss. 20.435 (8) (mm) and 20.445 (3) (mm) that have not been
encumbered or
4expended under 2007 Wisconsin Act .... (this act), section 9121 (1m), or approved for
5encumbrance or expenditure by the department pursuant to a plan submitted under
6par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The
7department shall notify the cochairpersons of the joint committee on finance, in
8writing, of the department's action under this paragraph.
SB40-SSA1, s. 98
9Section
98
. 16.54 (12) (d) of the statutes, as affected by 2007 Wisconsin Act ....
10(this act), section 97, is amended to read:
SB40-SSA1,37,1811
16.54
(12) (d) At the end of each fiscal year, the department of administration
12shall determine the amount of moneys that remain in the appropriation accounts
13under ss. 20.435 (8) (mm) and
20.445 20.437 (2) (mm) and (3) (mm) that have not been
14encumbered or expended under 2007 Wisconsin Act .... (this act), section
9121 9155 15(1m), or approved for encumbrance or expenditure by the department pursuant to
16a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed
17to the general fund. The department shall notify the cochairpersons of the joint
18committee on finance, in writing, of the department's action under this paragraph.
SB40-SSA1, s. 99
19Section
99. 16.54 (12) (d) of the statutes, as affected by 2007 Wisconsin Act ....
20(this act), section 98, is repealed and recreated to read:
SB40-SSA1,38,221
16.54
(12) (d) At the end of each fiscal year, the department of administration
22shall determine the amount of moneys that remain in the appropriation accounts
23under ss. 20.435 (8) (mm) and 20.437 (2) (mm) and (3) (mm) that have not been
24approved for encumbrance or expenditure by the department pursuant to a plan
25submitted under par. (a) or (b) and shall require that such moneys be lapsed to the
1general fund. The department shall notify the cochairpersons of the joint committee
2on finance, in writing, of the department's action under this paragraph.
SB40-SSA1,38,54
16.70
(2) "Authority" means a body created under subch. II of ch. 114 or subch.
5III of ch. 149 or under ch. 231, 232, 233, 234, 235,
or 237
, or 279.
SB40-SSA1,38,177
16.71
(1m) The department shall not delegate to any executive branch agency,
8other than the board of regents of the University of Wisconsin System, the authority
9to enter into any contract for materials, supplies, equipment, or contractual services
10relating to information technology or telecommunications prior to review and
11approval of the contract by the department. No executive branch agency, other than
12the board of regents of the University of Wisconsin System, may enter into any such
13contract without review and approval of the contract by the department.
Any
14executive branch agency that enters into a contract relating to information
15technology under this section shall comply with the requirements of s. 16.973 (13). 16Any delegation to the board of regents of the University of Wisconsin System is
17subject to the limitations prescribed in s. 36.11 (49).
SB40-SSA1, s. 101k
18Section 101k. 16.72 (2) (e) (intro.) of the statutes is amended to read:
SB40-SSA1,39,419
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
20department and any other designated purchasing agent under s. 16.71 (1) shall
21incorporate requirements for the purchase of products made from recycled materials
22and recovered materials if their use is technically and economically feasible. Each
23authority other than the University of Wisconsin Hospitals and Clinics Authority
,
24the Lower Fox River Remediation Authority, and the Health Insurance
25Risk-Sharing Plan Authority, in writing specifications for purchasing by the
1authority, shall incorporate requirements for the purchase of products made from
2recycled materials and recovered materials if their use is technically and
3economically feasible. The specifications shall include requirements for the
4purchase of the following materials:
SB40-SSA1,39,156
16.72
(2) (f) In writing specifications under this subsection, the department,
7any other designated purchasing agent under s. 16.71 (1), and each authority other
8than the University of Wisconsin Hospitals and Clinics Authority
, the Lower Fox
9River Remediation Authority, and the Health Insurance Risk-Sharing Plan
10Authority shall incorporate requirements relating to the recyclability and ultimate
11disposition of products and, wherever possible, shall write the specifications so as to
12minimize the amount of solid waste generated by the state, consistent with the
13priorities established under s. 287.05 (12). All specifications under this subsection
14shall discourage the purchase of single-use, disposable products and require,
15whenever practical, the purchase of multiple-use, durable products.
SB40-SSA1,40,218
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
19materials, supplies, equipment, and contractual services to be provided to any
20agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
21(6), (7), (8), (9), (10e), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754,
16.964 (8), 50.05
22(7) (f), 153.05 (2m) (a),
and 287.15 (7),
and 301.265, shall be awarded to the lowest
23responsible bidder, taking into consideration life cycle cost estimates under sub.
24(1m), when appropriate, the location of the agency, the quantities of the articles to
1be supplied, their conformity with the specifications, and the purposes for which they
2are required and the date of delivery.
SB40-SSA1,40,174
16.75
(1m) The department shall award each order or contract for materials,
5supplies or equipment on the basis of life cycle cost estimates, whenever such action
6is appropriate. Each authority other than the University of Wisconsin Hospitals and
7Clinics Authority
and, the Lower Fox River Remediation Authority, the Wisconsin
8Aerospace Authority, and the Health Insurance Risk-Sharing Plan Authority shall
9award each order or contract for materials, supplies or equipment on the basis of life
10cycle cost estimates, whenever such action is appropriate. The terms, conditions and
11evaluation criteria to be applied shall be incorporated in the solicitation of bids or
12proposals. The life cycle cost formula may include, but is not limited to, the
13applicable costs of energy efficiency, acquisition and conversion, money,
14transportation, warehousing and distribution, training, operation and maintenance
15and disposition or resale. The department shall prepare documents containing
16technical guidance for the development and use of life cycle cost estimates, and shall
17make the documents available to local governmental units.
SB40-SSA1,40,2519
16.75
(6) (bm) If the secretary determines that it is in the best interest of this
20state to do so, he or she may waive any requirement under subs. (1) to (5) and ss.
2116.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by
22the department of
workforce development children and families under s. 49.143, if
23the department of
workforce development children and families presents the
24secretary with a process for the procurement of contracts under s. 49.143 and the
25secretary approves the process.
SB40-SSA1,41,82
16.75
(8) (a) 1. The department, any other designated purchasing agent under
3s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
4than the University of Wisconsin Hospitals and Clinics Authority
, the Lower Fox
5River Remediation Authority, and the Health Insurance Risk-Sharing Plan
6Authority shall, to the extent practicable, make purchasing selections using
7specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials
8utilizing recycled materials and recovered materials.
SB40-SSA1,41,149
2. Each agency and authority other than the University of Wisconsin Hospitals
10and Clinics Authority
, the Lower Fox River Remediation Authority, and the Health
11Insurance Risk-Sharing Plan Authority shall ensure that the average recycled or
12recovered content of all paper purchased by the agency or authority measured as a
13proportion, by weight, of the fiber content of paper products purchased in a fiscal
14year, is not less than 40% of all purchased paper.
SB40-SSA1,41,2116
16.75
(9) The department, any other designated purchasing agent under s.
1716.71 (1), any agency making purchases under s. 16.74, and any authority other than
18the University of Wisconsin Hospitals and Clinics Authority
, the Lower Fox River
19Remediation Authority, and the Health Insurance Risk-Sharing Plan Authority
20shall, to the extent practicable, make purchasing selections using specifications
21prepared under s. 16.72 (2) (f).
SB40-SSA1,42,823
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
24Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
25Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Lower
1Fox River Remediation Authority, and the Bradley Center Sports and
2Entertainment Corporation shall include in all contracts executed by them a
3provision obligating the contractor not to discriminate against any employee or
4applicant for employment because of age, race, religion, color, handicap, sex, physical
5condition, developmental disability as defined in s. 51.01 (5), sexual orientation as
6defined in s. 111.32 (13m), or national origin and, except with respect to sexual
7orientation, obligating the contractor to take affirmative action to ensure equal
8employment opportunities.
SB40-SSA1,43,210
16.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
11Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
12Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Lower
13Fox River Remediation Authority, and the Bradley Center Sports and
14Entertainment Corporation shall include the following provision in every contract
15executed by them: "In connection with the performance of work under this contract,
16the contractor agrees not to discriminate against any employee or applicant for
17employment because of age, race, religion, color, handicap, sex, physical condition,
18developmental disability as defined in s. 51.01 (5), sexual orientation or national
19origin. This provision shall include, but not be limited to, the following: employment,
20upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
21termination; rates of pay or other forms of compensation; and selection for training,
22including apprenticeship. Except with respect to sexual orientation, the contractor
23further agrees to take affirmative action to ensure equal employment opportunities.
24The contractor agrees to post in conspicuous places, available for employees and
1applicants for employment, notices to be provided by the contracting officer setting
2forth the provisions of the nondiscrimination clause".
SB40-SSA1,43,94
16.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Lower
7Fox River Remediation Authority, and the Bradley Center Sports and
8Entertainment Corporation shall take appropriate action to revise the standard
9government contract forms under this section.
SB40-SSA1,44,211
16.765
(5) The head of each contracting agency and the boards of directors of
12the University of Wisconsin Hospitals and Clinics Authority, the Fox River
13Navigational System Authority, the Wisconsin Aerospace Authority, the Health
14Insurance Risk-Sharing Plan Authority,
the Lower Fox River Remediation
15Authority, and the Bradley Center Sports and Entertainment Corporation shall be
16primarily responsible for obtaining compliance by any contractor with the
17nondiscrimination and affirmative action provisions prescribed by this section,
18according to procedures recommended by the department. The department shall
19make recommendations to the contracting agencies and the boards of directors of the
20University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational
21System Authority, the Wisconsin Aerospace Authority, the Health Insurance
22Risk-Sharing Plan Authority,
the Lower Fox River Remediation Authority, and the
23Bradley Center Sports and Entertainment Corporation for improving and making
24more effective the nondiscrimination and affirmative action provisions of contracts.
1The department shall promulgate such rules as may be necessary for the
2performance of its functions under this section.
SB40-SSA1,44,124
16.765
(6) The department may receive complaints of alleged violations of the
5nondiscrimination provisions of such contracts. The department shall investigate
6and determine whether a violation of this section has occurred. The department may
7delegate this authority to the contracting agency, the University of Wisconsin
8Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
9Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
10the Lower Fox River Remediation Authority, or the Bradley Center Sports and
11Entertainment Corporation for processing in accordance with the department's
12procedures.
SB40-SSA1, s. 109b
13Section 109b. 16.765 (7) (intro.) of the statutes is amended to read:
SB40-SSA1,44,2314
16.765
(7) (intro.) When a violation of this section has been determined by the
15department, the contracting agency, the University of Wisconsin Hospitals and
16Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
17Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Lower
18Fox River Remediation Authority, or the Bradley Center Sports and Entertainment
19Corporation, the contracting agency, the University of Wisconsin Hospitals and
20Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
21Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority,
the Lower
22Fox River Remediation Authority, or the Bradley Center Sports and Entertainment
23Corporation shall:
SB40-SSA1,45,6
116.765
(7) (d) Direct the violating party to take immediate steps to prevent
2further violations of this section and to report its corrective action to the contracting
3agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
4Navigational System Authority, the Wisconsin Aerospace Authority, the Health
5Insurance Risk-Sharing Plan Authority,
the Lower Fox River Remediation
6Authority, or the Bradley Center Sports and Entertainment Corporation.
SB40-SSA1,45,238
16.765
(8) If further violations of this section are committed during the term
9of the contract, the contracting agency, the Fox River Navigational System Authority,
10the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
11Authority,
the Lower Fox River Remediation Authority, or the Bradley Center Sports
12and Entertainment Corporation may permit the violating party to complete the
13contract, after complying with this section, but thereafter the contracting agency, the
14Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
15Health Insurance Risk-Sharing Plan Authority,
the Lower Fox River Remediation
16Authority, or the Bradley Center Sports and Entertainment Corporation shall
17request the department to place the name of the party on the ineligible list for state
18contracts, or the contracting agency, the Fox River Navigational System Authority,
19the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan
20Authority,
the Lower Fox River Remediation Authority, or the Bradley Center Sports
21and Entertainment Corporation may terminate the contract without liability for the
22uncompleted portion or any materials or services purchased or paid for by the
23contracting party for use in completing the contract.
SB40-SSA1,46,6
116.847
(2) Energy conservation construction projects. The department may
2provide funding to agencies, as defined in s. 16.70 (1e), for energy conservation
3construction projects at state facilities under the jurisdiction of the agencies to
4enhance the energy efficiency of the facilities. The department shall prescribe
5standards for evaluation of proposed projects and allocation of available moneys for
6those projects under this subsection.
SB40-SSA1,46,148
16.847
(3) Assessments. The department may annually assess any agency that
9receives funding under sub. (2) in an amount determined by the department not
10exceeding the agency's proportionate share of debt service costs incurred under s.
1120.505 (5) (kd) or the savings in the agency's energy costs generated, whichever is
12greater, as a result of an energy conservation construction project that was funded
13by the department under sub. (2). The department shall credit all revenues received
14under this subsection to the appropriation account under s. 20.505 (5) (kd).
SB40-SSA1, s. 113
15Section
113. 16.848 (2) (gc), (gg), (gn), (gr), (gt) and (gw) of the statutes are
16created to read:
SB40-SSA1,46,1817
16.848
(2) (gc) Subsection (1) does not apply to property that is subject to sale
18by the department of military affairs under s. 21.19 (3) or 21.42 (3).
SB40-SSA1,46,2019
(gg) Subsection (1) does not apply to property that is conveyed by the
20department of corrections under s. 301.25.
SB40-SSA1,46,2221
(gn) Subsection (1) does not apply to property that is subject to sale by the state
22under 20.909 (2).
SB40-SSA1,46,2423
(gr) Subsection (1) does not apply to land that is sold or traded by the Kickapoo
24reserve management board under s. 41.41 (7).
SB40-SSA1,47,2
1(gt) Subsection (1) does not apply to property that is donated by the department
2of transportation under s. 84.09 (5r).
SB40-SSA1,47,43
(gw) Subsection (1) does not apply to the sale of property by the department of
4health and family services under s. 51.06 (6).
SB40-SSA1,47,216
16.848
(4) Except as provided in s. 13.48 (14) (e), if there is any outstanding
7public debt used to finance the acquisition, construction, or improvement of any
8property that is sold under sub. (1), the department shall deposit a sufficient amount
9of the net proceeds from the sale of the property in the bond security and redemption
10fund under s. 18.09 to repay the principal and pay the interest on the debt, and any
11premium due upon refunding any of the debt. If the property was acquired,
12constructed, or improved with federal financial assistance, the department shall pay
13to the federal government any of the net proceeds required by federal law. If the
14property was acquired by gift or grant or acquired with gift or grant funds, the
15department shall adhere to any restriction governing use of the proceeds. Except as
16required under
sub. (5m) and ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there
17is no such debt outstanding, there are no moneys payable to the federal government,
18and there is no restriction governing use of the proceeds, and if the net proceeds
19exceed the amount required to be deposited, paid, or used for another purpose under
20this subsection, the department shall deposit the net proceeds or remaining net
21proceeds in the general fund.
SB40-SSA1,48,723
16.85
(2) To furnish engineering, architectural, project management, and other
24building construction services whenever requisitions therefor are presented to the
25department by any agency. The department may deposit moneys received from the
1provision of these services in the account under s. 20.505 (1) (kc) or in the general
2fund as general purpose revenue — earned. In this subsection, "agency" means an
3office, department, independent agency, institution of higher education, association,
4society, or other body in state government created or authorized to be created by the
5constitution or any law, which is entitled to expend moneys appropriated by law,
6including the legislature and the courts, but not including an authority created in
7subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234,
or 237
, or 279.
SB40-SSA1,48,239
16.865
(8) Annually in each fiscal year, allocate as a charge to each agency a
10proportionate share of the estimated costs attributable to programs administered by
11the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
12may charge premiums to agencies to finance costs under this subsection and pay the
13costs from the appropriation on an actual basis. The department shall deposit all
14collections under this subsection in the appropriation account under s. 20.505 (2) (k).
15Costs assessed under this subsection may include judgments, investigative and
16adjustment fees, data processing and staff support costs, program administration
17costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
18subsection, "agency" means an office, department, independent agency, institution
19of higher education, association, society, or other body in state government created
20or authorized to be created by the constitution or any law, that is entitled to expend
21moneys appropriated by law, including the legislature and the courts, but not
22including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
23231, 232, 233, 234, 235,
or 237
, or 279.
SB40-SSA1,48,25
2516.956 Office of energy independence.
(1) In this section:
SB40-SSA1,49,2
1(a) "Biodevelopment" means research and development relating to the use of
2renewable resources for electricity, energy, and heating and transportation fuels.
SB40-SSA1,49,43
(b) "Bioindustry" means the manufacture, production, and trade of renewable
4resources used for electricity, energy, and heating and transportation fuels.
SB40-SSA1,49,55
(c) "Office" means the office of energy independence.
SB40-SSA1,49,6
6(2) The office shall work on initiatives that have the following goals:
SB40-SSA1,49,97
(a) Advancing Wisconsin's vision for energy independence by generating at
8least 25 percent of power, and at least 25 percent of transportation fuels, used in this
9state from renewable resources by 2025.
SB40-SSA1,49,1110
(b) Capturing in-state at least 10 percent of the national emerging bioindustry
11and renewable energy markets by 2030.
SB40-SSA1,49,1412
(c) Ensuring that Wisconsin is a national leader in groundbreaking research
13that will make alternative energies more affordable and create well-paying jobs in
14this state.
SB40-SSA1,49,15
15(3) The office shall do all of the following:
SB40-SSA1,49,1716
(a) Ensure and facilitate the implementation of the initiatives specified in sub.
17(2) and identify barriers to the implementation of such initiatives.
SB40-SSA1,49,2018
(b) Serve as a single point of contact to assist businesses, local units of
19government, and nongovernmental organizations that are pursuing
20biodevelopment, energy efficiency, and energy independence.
SB40-SSA1,49,2221
(c) Develop energy independence policy options for consideration by the
22governor and state agencies.
SB40-SSA1,49,2423
(d) Identify federal funding opportunities and facilitate applications for federal
24funding by private, and state and local governmental, entities.
SB40-SSA1,50,2
1(e) Perform duties necessary to maintain federal energy funding and any
2designations required for such funding.
SB40-SSA1,50,74
16.957
(3) (a) The department shall, on the basis of competitive bids, contract
5with community action agencies described in s.
46.30
49.265 (2) (a) 1., nonstock,
6nonprofit corporations organized under ch. 181
, or local units of government to
7provide services under the programs established under sub. (2) (a).
SB40-SSA1,50,1110
16.964
(3) The governor shall appoint an executive director under s. 15.105 (19)
11(a) outside of the classified service.
SB40-SSA1, s. 123
13Section
123. 16.964 (12) (c) 10. of the statutes is amended to read:
SB40-SSA1,50,2014
16.964
(12) (c) 10. The program is developed with input from, and implemented
15in collaboration with, one or more circuit court judges, the district attorney, the state
16public defender, local law enforcement officials, county agencies responsible for
17providing social services, including services relating to alcohol and other drug
18addiction, child welfare, mental health, and the Wisconsin Works program, the
19departments of corrections
, children and families, and health and family services,
20private social services agencies, and substance abuse treatment providers.
SB40-SSA1, s. 124
21Section
124. 16.964 (12) (e) 1. of the statutes is amended to read:
SB40-SSA1,51,722
16.964
(12) (e) 1. A county that receives a grant under this subsection shall
23create an oversight committee to advise the county in administering and evaluating
24its program. Each committee shall consist of a circuit court judge, the district
25attorney or his or her designee, the state public defender or his or her designee, a local
1law enforcement official, a representative of the county, a representative of each
2other county agency responsible for providing social services, including services
3relating to child welfare, mental health, and the Wisconsin Works program,
4representatives of the departments of corrections
, children and families, and health
5and family services, a representative from private social services agencies, a
6representative of substance abuse treatment providers, and other members to be
7determined by the county.