Amendment ASA1-AB40

AB40-ASA1, s. 217g Section 217g. 16.417 (2) (f) of the statutes is renumbered 16.417 (2) (f) (intro.) and amended to read:

AB40-ASA1,57,3 16.417 (2) (f) (intro.) This subsection does not apply to an any of the following:

AB40-ASA1,57,6 1. 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.

AB40-ASA1, s. 217r Section 217r. 16.417 (2) (f) 2. of the statutes is created to read:

AB40-ASA1,57,10 16.417 (2) (f) 2. An individual who is employed by the Board of Regents of the University of Wisconsin System, but only with respect to compensation received within the system.

AB40-ASA1, s. 218d Section 218d. 16.42 (1) (f) of the statutes is created to read:

AB40-ASA1,57,12 16.42 (1) (f) The information required under s. 16.423.

AB40-ASA1, s. 218e Section 218e. 16.423 of the statutes is created to read:

AB40-ASA1,57,15 16.423 Base budget review reports. (1) In this section, "state agency" has the meaning given in s. 20.001 (1).

AB40-ASA1,57,19 (2) (a) During the 2011-13 fiscal biennium, the secretary shall require that one-third of all state agencies submit a report no later than September 15, 2012, and every 3rd fiscal biennium thereafter, that contains the information specified in sub. (3).

AB40-ASA1,57,23 (b) During the 2013-15 fiscal biennium, the secretary shall require that 50 percent of the state agencies that did not submit a report under par. (a) submit a report no later than September 15, 2014, and every 3rd fiscal biennium thereafter, that contains the information specified in sub. (3).

AB40-ASA1,58,2 (c) During the 2015-17 fiscal biennium, the secretary shall require that all state agencies created on or before September 15, 2016, that did not submit a report under par. (a) or (b) submit a report no later than September 15, 2016, and every 3rd fiscal biennium thereafter, that contains the information specified in sub. (3).

AB40-ASA1,58,7 (d) Beginning in the 2015-17 fiscal biennium, the secretary shall require that any state agency created after September 15, 2016, submit a report no later than the September 15 in the even-numbered year that first occurs after the state agency is created, and every 3rd fiscal biennium thereafter, that contains the information specified in sub. (3).

AB40-ASA1,58,9 (3) A report submitted under this section shall contain at least all of the following:

AB40-ASA1,58,10 (a) A description of each programmatic activity of the state agency.

AB40-ASA1,58,13 (b) For each programmatic activity of the state agency, an accounting of all expenditures, arranged by revenue source and the categories specified in sub. (4), in each of the prior 3 fiscal years.

AB40-ASA1,58,16 (c) For each programmatic activity of the state agency, an accounting of all expenditures, arranged by revenue source and the categories specified in sub. (4), in the last 2 quarters in each of the prior 3 fiscal years.

AB40-ASA1,58,19 (4) The secretary shall develop categories for state agencies to use for the purpose of organizing the expenditure information that is required under sub. (3) (b) and (c).

AB40-ASA1,58,22 (5) Notwithstanding sub. (4), once a state agency has used a certain format for its report, the state agency shall use that format for all future reports submitted under this section.

AB40-ASA1, s. 218f Section 218f. 16.50 (1) (a) of the statutes is amended to read:

AB40-ASA1,59,10 16.50 (1) (a) Each department except the legislature and the courts shall prepare and submit to the secretary an estimate of the amount of money which it proposes to expend, encumber or distribute under any appropriation in ch. 20. The department of administration shall prepare and submit estimates for expenditures from appropriations under ss. 20.855, 20.865, 20.866 and 20.867. The secretary may waive the submission of estimates of other than administrative expenditures from such funds as he or she determines, but the secretary shall not waive submission of estimates for the appropriations appropriation under s. 20.285 (1) (im) and (n) nor for expenditure of any amount designated as a refund of an expenditure under s. 20.001 (5). Estimates shall be prepared in such form, at such times and for such time periods as the secretary requires. Revised and supplemental estimates may be presented at any time under rules promulgated by the secretary.

AB40-ASA1, s. 218g Section 218g. 16.50 (3) (b) of the statutes is amended to read:

AB40-ASA1,59,18 16.50 (3) (b) No change in the number of full-time equivalent positions authorized through the biennial budget process or other legislative act may be made without the approval of the joint committee on finance, except for position changes made by the governor under s. 16.505 (1) (c) or, (2), or (2j) by the investment board under s. 16.505 (2g), by the University of Wisconsin Hospitals and Clinics Board under s. 16.505 (2n), or by the board of regents of the University of Wisconsin System under s. 16.505 (2m) or (2p).

AB40-ASA1, s. 218h Section 218h. 16.50 (3) (f) of the statutes is amended to read:

AB40-ASA1,60,4 16.50 (3) (f) At the request of the director of the office of state employment relations, the secretary of administration may authorize the temporary creation of pool or surplus positions under any source of funds if the director determines that temporary positions are necessary to maintain adequate staffing levels for high turnover classifications, in anticipation of attrition, to fill positions for which recruitment is difficult. Surplus or pool positions authorized by the secretary shall be reported The secretary of administration shall report quarterly to the joint committee on finance, in conjunction with the report required under s. 16.54 (8), the base number of existing surplus positions in each agency, the number of surplus positions each agency has created, and the amounts spent on surplus positions.

AB40-ASA1, s. 218i Section 218i. 16.505 (1) (intro.) of the statutes is amended to read:

AB40-ASA1,60,8 16.505 (1) (intro.) Except as provided in subs. (2), (2g), (2j), (2m), (2n), and (2p), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

AB40-ASA1, s. 218k Section 218k. 16.505 (2g) of the statutes is created to read:

AB40-ASA1,60,11 16.505 (2g) The investment board may create or abolish a full-time equivalent position or portion thereof funded from revenues appropriated under s. 20.536 (1) (k).

AB40-ASA1, s. 218p Section 218p. 16.505 (2j) of the statutes is created to read:

AB40-ASA1,60,14 16.505 (2j) (a) In this subsection, "executive branch agency" has the meaning given in s. 16.70 (4).

AB40-ASA1,60,24 (b) The governor may abolish any vacant full-time equivalent position at any executive branch agency by notifying the joint committee on finance in writing of his or her proposed action. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed action, the position changes may be made only upon approval of the committee.

AB40-ASA1, s. 219 Section 219. 16.505 (2m) of the statutes is amended to read:

AB40-ASA1,61,15 16.505 (2m) The board of regents of the University of Wisconsin System or the chancellor of the University of Wisconsin-Madison may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (gs), (h), (ip), (iz), (j), (kc), (m), (n), or (q) to (w) or (3) (iz) or (n) and may create or abolish a full-time equivalent position or portion thereof from revenues appropriated under s. 20.285 (1) (im) that are generated from increased enrollment and from courses for which the academic fees or tuition charged equals the full cost of offering the courses, other than positions funded from the appropriation under s. 20.285 (1) (a). Beginning on July 1, 2013, all positions authorized for the University of Wisconsin shall not be included in any state position report. 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.

AB40-ASA1, s. 220 Section 220. 16.505 (2p) of the statutes is amended to read:

AB40-ASA1,61,25 16.505 (2p) (a) Subject to par. (b), the board of regents of the University of Wisconsin System or the chancellor of the University of Wisconsin-Madison may create or abolish a full-time equivalent academic staff or faculty position or portion thereof from revenues appropriated under s. 20.285 (1) (a). Annually, no later than the September 30 following completion of the fiscal year, the board of regents or chancellor 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 or chancellor under this subsection during the preceding fiscal year.

AB40-ASA1,62,7 (b) The board of regents or chancellor may not create or abolish any position under par. (a) until the board or chancellor and the department have entered into a memorandum of understanding that establishes a methodology for identifying and accounting for the cost of funding any positions that are created, including any amounts that the board or chancellor may include in a certification to the department under s. 20.928 (1). The board or chancellor and the department shall enter into the memorandum of understanding no later than September 1, 2002.

AB40-ASA1,62,11 (c) Notwithstanding s. 20.928 (1), in certifying the sum of moneys needed to pay any costs associated with a position that is created under par. (a), the board of regents or chancellor may only certify the sum that is permitted under the memorandum of understanding entered into under par. (b).

AB40-ASA1,62,15 (d) Notwithstanding s. 16.42 (1), in submitting information under s. 16.42 for the biennial budget bill or bills, the board of regents or chancellor may only include that portion of the cost of funding the positions created under par. (a) that is permitted under the memorandum of understanding entered into under par. (b).

AB40-ASA1, s. 221e Section 221e. 16.513 (3) (bn) of the statutes is created to read:

AB40-ASA1,62,19 16.513 (3) (bn) Notwithstanding par. (b), for the 2011-13 fiscal biennium, the department is not required to approve a plan regarding a deficit in the penalty surcharge fund.

AB40-ASA1, s. 221r Section 221r. 16.513 (3) (bn) of the statutes, as created by 2011 Wisconsin Act .... (this act), is repealed.

AB40-ASA1, s. 221s Section 221s. 16.5185 of the statutes is created to read:

AB40-ASA1,62,25 16.5185 Transfers to the transportation fund. Beginning on June 30, 2013, in each fiscal year, the secretary shall transfer from the general fund to the transportation fund the greater of the following:

AB40-ASA1,63,3 (1) An amount equal to 0.25 percent of the moneys projected to be deposited in the general fund during the fiscal year that are designated as "Taxes" in the summary in s. 20.005 (1), as published in the biennial budget act for that fiscal year.

AB40-ASA1,63,4 (2) An amount equal to $35,127,000.

AB40-ASA1, s. 228 Section 228. 16.54 (14) of the statutes is repealed.

AB40-ASA1, s. 234 Section 234. 16.705 (1p) of the statutes is created to read:

AB40-ASA1,63,8 16.705 (1p) Subsection (1) does not apply to an agreement entered into by the department of veterans affairs under s. 45.50 (2m) (c).

AB40-ASA1, s. 235 Section 235. 16.705 (1r) (d) of the statutes is amended to read:

AB40-ASA1,63,12 16.705 (1r) (d) Contractual services purchased by the Board of Regents of the University of Wisconsin System with moneys appropriated under s. 20.285 (1) (j), (ja), (jm), (u), or (w), or (5) (j) (xr).

AB40-ASA1, s. 236 Section 236. 16.705 (1r) (e) of the statutes is created to read:

AB40-ASA1,63,15 16.705 (1r) (e) Contractual services purchased by the University of Wisconsin-Madison with moneys appropriated under s. 20.285 (1) (u), (w), or (xr).

AB40-ASA1, s. 240 Section 240. 16.705 (9) of the statutes is created to read:

AB40-ASA1,63,24 16.705 (9) The department shall maintain a list of persons that are or have been a party to a contract with the state under this subchapter who have violated a provision of this subchapter or a contract under this subchapter. The parties on the list are ineligible for state contracts and no state contract may be awarded to a party on the ineligible list. The department may remove any party from the ineligible list if the department determines that the party's practices comply with this subchapter and provide adequate safeguards against future violations of this subchapter or contracts under this subchapter.

AB40-ASA1, s. 241c Section 241c. 16.71 (1m) of the statutes is amended to read:

AB40-ASA1,64,11 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 department. 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 department. Any executive branch agency that enters into a contract relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System is subject to the limitations prescribed in s. 36.11 (49) 36.585.

AB40-ASA1, s. 241f Section 241f. 16.71 (1m) of the statutes, as affected by 2011 Wisconsin Act .... (this act), is amended to read:

AB40-ASA1,65,2 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 department. The department may delegate this authority to the University of Wisconsin-Madison. 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 department. The University of Wisconsin-Madison may enter into any such contract without review and approval by the department. Any executive branch agency that enters into a contract relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System or to the University of Wisconsin-Madison is subject to the limitations prescribed in s. 36.585.

AB40-ASA1, s. 241h Section 241h. 16.71 (4) of the statutes is created to read:

AB40-ASA1,65,8 16.71 (4) The department shall delegate to the Board of Regents of the University of Wisconsin System and to the University of Wisconsin-Madison the authority to enter into contracts for materials, supplies, equipment, or services that relate to higher education and that agencies other than the University of Wisconsin-System do not commonly purchase.

AB40-ASA1, s. 242 Section 242. 16.72 (2) (d) of the statutes is repealed.

AB40-ASA1, s. 243 Section 243. 16.72 (8) of the statutes is amended to read:

AB40-ASA1,65,15 16.72 (8) The department may purchase educational technology materials, supplies, equipment, or contractual services from orders placed with the department by school districts, cooperative educational service agencies, technical college districts, and the board of regents of the University of Wisconsin System, and the University of Wisconsin-Madison.

AB40-ASA1, s. 244 Section 244. 16.73 (5) of the statutes is amended to read:

AB40-ASA1,66,2 16.73 (5) If After the department designates the board of regents of the University of Wisconsin System or designates the University of Wisconsin-Madison as its purchasing agent for any purpose under s. 16.71 (1), the board or the University of Wisconsin-Madison may enter into a contract to sell any materials, supplies, equipment or contractual services purchased by the board or the University of Wisconsin-Madison to the University of Wisconsin Hospitals and Clinics Authority, and may contract with the University of Wisconsin Hospitals and Clinics Authority for the joint purchase of any materials, supplies, equipment or contractual services if the sale or purchase is made consistently with that delegation and with this subchapter.

AB40-ASA1, s. 250 Section 250. 16.75 (3m) (a) 1. of the statutes is amended to read:

AB40-ASA1,66,6 16.75 (3m) (a) 1. "Disabled veteran-owned business" means a business certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 251 Section 251. 16.75 (3m) (a) 2. of the statutes is amended to read:

AB40-ASA1,66,10 16.75 (3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 252 Section 252. 16.75 (3m) (a) 3. of the statutes is amended to read:

AB40-ASA1,66,14 16.75 (3m) (a) 3. "Disabled veteran-owned investment firm" means an investment firm certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 253 Section 253. 16.75 (3m) (a) 4. of the statutes is amended to read:

AB40-ASA1,66,17 16.75 (3m) (a) 4. "Minority business" means a business certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 254 Section 254. 16.75 (3m) (c) 5. a. of the statutes is amended to read:

AB40-ASA1,66,23 16.75 (3m) (c) 5. a. In determining whether a purchase, contract or subcontract complies with the goal established under par. (b) 1. or s. 16.855 (10m) (am) 1., 16.87 (2) (b), or 25.185 (2), the department shall include only amounts paid to minority businesses, minority financial advisers and minority investment firms certified by the department of commerce administration under s. 560.036 16.287 (2).

AB40-ASA1, s. 255 Section 255. 16.75 (3m) (c) 5. b. of the statutes is amended to read:

AB40-ASA1,67,4 16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract is made with a disabled veteran-owned business, the department shall include only amounts paid to disabled veteran-owned businesses certified by the department of commerce administration under s. 560.0335 16.283 (3).

AB40-ASA1, s. 256 Section 256. 16.75 (3t) (c) (intro.) of the statutes is amended to read:

AB40-ASA1,67,24 16.75 (3t) (c) (intro.) The department of corrections shall periodically provide to the department of administration a current list of all materials, supplies, equipment or contractual services, excluding commodities, that are supplied by prison industries, as created under s. 303.01. The department of administration shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed proposals with respect to the purchase of any materials, supplies, equipment or contractual services enumerated in the list, the department of administration or any other designated purchasing agent under s. 16.71 (1) shall offer prison industries the opportunity to supply the materials, supplies, equipment or contractual services if the department of corrections is able to provide them at a price comparable to that is equal to or lower than one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications, provided the specifications are written in accordance with s. 16.72 (2) (d). If the department of administration or other purchasing agent is unable to determine whether the price of prison industries is comparable equal to or lower than one obtained through competitive bidding or competitive sealed proposals, it may solicit bids or competitive proposals before awarding the order or contract. This paragraph does not apply to the printing of the following forms:

AB40-ASA1, s. 257 Section 257. 16.75 (4) (b) of the statutes is amended to read:

AB40-ASA1,68,3 16.75 (4) (b) The department shall seek the cooperation and assistance of the department of commerce safety and professional services in the performance of its duties under par. (a).

AB40-ASA1, s. 260 Section 260. 16.75 (10e) (b) of the statutes is amended to read:

AB40-ASA1,68,24 16.75 (10e) (b) The If s. 16.855 (10s) (a) provides an applicable standard for the type of agency consuming equipment being purchased and the purchase will cost more than $5,000 per unit the department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority may not purchase that type of energy consuming equipment unless the specifications for the equipment meet the applicable standards for the equipment established under s. 16.855 (10s) (a). If there is no standard under s. 16.855 (10s) (a) applicable to the type of energy consuming equipment being purchased, or if. If there is an applicable standard under s. 16.855 (10s) (a), but the energy consuming equipment meeting that standard is not reasonably available, the department, purchasing agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the energy consuming equipment that is purchased maximizes energy efficiency to the extent technically and economically feasible. The department, purchasing agent, agency, or authority shall not determine that energy consuming equipment that meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably available on the basis of cost alone or is not cost-effective unless the difference in the cost of the purchase and installation of the equipment that meets the standard and the equipment that would otherwise be installed is greater than the difference in the cost of operating the equipment that meets the standard and the equipment that would otherwise be installed over the anticipated life of the equipment.

AB40-ASA1, s. 261 Section 261. 16.751 of the statutes is amended to read:

AB40-ASA1,69,4 16.751 Information technology purchases by investment board. The requirements of ss. 16.72 (2) (b) and (d) and 16.75 (1) (a) 1. and (2m) (g) do not apply to procurements authorized to be made by the investment board under s. 16.78 (1) for information technology purposes.

AB40-ASA1, s. 262 Section 262. 16.752 (8) (e) of the statutes is amended to read:

AB40-ASA1,69,8 16.752 (8) (e) Comply with applicable occupational health and safety standards prescribed by the U.S. secretary of labor, the federal occupational health and safety administration or the department of commerce safety and professional services.

AB40-ASA1, s. 263 Section 263. 16.78 (1) of the statutes is amended to read: