AB40-ASA1,62,25 2316.5185 Transfers to the transportation fund. Beginning on June 30,
242013, in each fiscal year, the secretary shall transfer from the general fund to the
25transportation fund the greater of the following:
AB40-ASA1,63,3
1(1) An amount equal to 0.25 percent of the moneys projected to be deposited
2in the general fund during the fiscal year that are designated as "Taxes" in the
3summary in s. 20.005 (1), as published in the biennial budget act for that fiscal year.
AB40-ASA1,63,4 4(2) An amount equal to $35,127,000.
AB40-ASA1, s. 228 5Section 228. 16.54 (14) of the statutes is repealed.
AB40-ASA1, s. 234 6Section 234. 16.705 (1p) of the statutes is created to read:
AB40-ASA1,63,87 16.705 (1p) Subsection (1) does not apply to an agreement entered into by the
8department of veterans affairs under s. 45.50 (2m) (c).
AB40-ASA1, s. 235 9Section 235. 16.705 (1r) (d) of the statutes is amended to read:
AB40-ASA1,63,1210 16.705 (1r) (d) Contractual services purchased by the Board of Regents of the
11University of Wisconsin System with moneys appropriated under s. 20.285 (1) (j),
12(ja), (jm),
(u), or (w), or (5) (j) (xr).
AB40-ASA1, s. 236 13Section 236. 16.705 (1r) (e) of the statutes is created to read:
AB40-ASA1,63,1514 16.705 (1r) (e) Contractual services purchased by the University of
15Wisconsin-Madison with moneys appropriated under s. 20.285 (1) (u), (w), or (xr).
AB40-ASA1, s. 240 16Section 240. 16.705 (9) of the statutes is created to read:
AB40-ASA1,63,2417 16.705 (9) The department shall maintain a list of persons that are or have
18been a party to a contract with the state under this subchapter who have violated a
19provision of this subchapter or a contract under this subchapter. The parties on the
20list are ineligible for state contracts and no state contract may be awarded to a party
21on the ineligible list. The department may remove any party from the ineligible list
22if the department determines that the party's practices comply with this subchapter
23and provide adequate safeguards against future violations of this subchapter or
24contracts under this subchapter.
AB40-ASA1, s. 241c 25Section 241c. 16.71 (1m) of the statutes is amended to read:
AB40-ASA1,64,11
116.71 (1m) The department shall not delegate to any executive branch agency,
2other than the board of regents of the University of Wisconsin System, the authority
3to enter into any contract for materials, supplies, equipment, or contractual services
4relating to information technology or telecommunications prior to review and
5approval of the contract by the department. No executive branch agency, other than
6the board of regents of the University of Wisconsin System, may enter into any such
7contract without review and approval of the contract by the department. Any
8executive branch agency that enters into a contract relating to information
9technology under this section shall comply with the requirements of s. 16.973 (13).
10Any delegation to the board of regents of the University of Wisconsin System is
11subject to the limitations prescribed in s. 36.11 (49) 36.585.
AB40-ASA1, s. 241f 12Section 241f. 16.71 (1m) of the statutes, as affected by 2011 Wisconsin Act ....
13(this act), is amended to read:
AB40-ASA1,65,214 16.71 (1m) The department shall not delegate to any executive branch agency,
15other than the board of regents of the University of Wisconsin System, the authority
16to enter into any contract for materials, supplies, equipment, or contractual services
17relating to information technology or telecommunications prior to review and
18approval of the contract by the department. The department may delegate this
19authority to the University of Wisconsin-Madison.
No executive branch agency,
20other than the board of regents of the University of Wisconsin System, may enter into
21any such contract without review and approval of the contract by the department.
22The University of Wisconsin-Madison may enter into any such contract without
23review and approval by the department.
Any executive branch agency that enters
24into a contract relating to information technology under this section shall comply
25with the requirements of s. 16.973 (13). Any delegation to the board of regents of the

1University of Wisconsin System or to the University of Wisconsin-Madison is subject
2to the limitations prescribed in s. 36.585.
AB40-ASA1, s. 241h 3Section 241h. 16.71 (4) of the statutes is created to read:
AB40-ASA1,65,84 16.71 (4) The department shall delegate to the Board of Regents of the
5University of Wisconsin System and to the University of Wisconsin-Madison the
6authority to enter into contracts for materials, supplies, equipment, or services that
7relate to higher education and that agencies other than the University of
8Wisconsin-System do not commonly purchase.
AB40-ASA1, s. 242 9Section 242. 16.72 (2) (d) of the statutes is repealed.
AB40-ASA1, s. 243 10Section 243. 16.72 (8) of the statutes is amended to read:
AB40-ASA1,65,1511 16.72 (8) The department may purchase educational technology materials,
12supplies, equipment, or contractual services from orders placed with the department
13by school districts, cooperative educational service agencies, technical college
14districts, and the board of regents of the University of Wisconsin System, and the
15University of Wisconsin-Madison
.
AB40-ASA1, s. 244 16Section 244. 16.73 (5) of the statutes is amended to read:
AB40-ASA1,66,217 16.73 (5) If After the department designates the board of regents of the
18University of Wisconsin System or designates the University of Wisconsin-Madison
19as its purchasing agent for any purpose under s. 16.71 (1), the board or the University
20of Wisconsin-Madison
may enter into a contract to sell any materials, supplies,
21equipment or contractual services purchased by the board or the University of
22Wisconsin-Madison
to the University of Wisconsin Hospitals and Clinics Authority,
23and may contract with the University of Wisconsin Hospitals and Clinics Authority
24for the joint purchase of any materials, supplies, equipment or contractual services

1if the sale or purchase is made consistently with that delegation and with this
2subchapter.
AB40-ASA1, s. 250 3Section 250. 16.75 (3m) (a) 1. of the statutes is amended to read:
AB40-ASA1,66,64 16.75 (3m) (a) 1. "Disabled veteran-owned business" means a business
5certified by the department of commerce administration under s. 560.0335 16.283
6(3).
AB40-ASA1, s. 251 7Section 251. 16.75 (3m) (a) 2. of the statutes is amended to read:
AB40-ASA1,66,108 16.75 (3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial
9adviser certified by the department of commerce administration under s. 560.0335
1016.283 (3).
AB40-ASA1, s. 252 11Section 252. 16.75 (3m) (a) 3. of the statutes is amended to read:
AB40-ASA1,66,1412 16.75 (3m) (a) 3. "Disabled veteran-owned investment firm" means an
13investment firm certified by the department of commerce administration under s.
14560.0335 16.283 (3).
AB40-ASA1, s. 253 15Section 253. 16.75 (3m) (a) 4. of the statutes is amended to read:
AB40-ASA1,66,1716 16.75 (3m) (a) 4. "Minority business" means a business certified by the
17department of commerce administration under s. 560.036 16.287 (2).
AB40-ASA1, s. 254 18Section 254. 16.75 (3m) (c) 5. a. of the statutes is amended to read:
AB40-ASA1,66,2319 16.75 (3m) (c) 5. a. In determining whether a purchase, contract or subcontract
20complies with the goal established under par. (b) 1. or s. 16.855 (10m) (am) 1., 16.87
21(2) (b), or 25.185 (2), the department shall include only amounts paid to minority
22businesses, minority financial advisers and minority investment firms certified by
23the department of commerce administration under s. 560.036 16.287 (2).
AB40-ASA1, s. 255 24Section 255. 16.75 (3m) (c) 5. b. of the statutes is amended to read:
AB40-ASA1,67,4
116.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract
2is made with a disabled veteran-owned business, the department shall include only
3amounts paid to disabled veteran-owned businesses certified by the department of
4commerce administration under s. 560.0335 16.283 (3).
AB40-ASA1, s. 256 5Section 256. 16.75 (3t) (c) (intro.) of the statutes is amended to read:
AB40-ASA1,67,246 16.75 (3t) (c) (intro.) The department of corrections shall periodically provide
7to the department of administration a current list of all materials, supplies,
8equipment or contractual services, excluding commodities, that are supplied by
9prison industries, as created under s. 303.01. The department of administration
10shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except
11as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed
12proposals with respect to the purchase of any materials, supplies, equipment or
13contractual services enumerated in the list, the department of administration or any
14other designated purchasing agent under s. 16.71 (1) shall offer prison industries the
15opportunity to supply the materials, supplies, equipment or contractual services if
16the department of corrections is able to provide them at a price comparable to that
17is equal to or lower than
one which may be obtained through competitive bidding or
18competitive sealed proposals and is able to conform to the specifications, provided the
19specifications are written in accordance with s. 16.72 (2) (d)
. If the department of
20administration or other purchasing agent is unable to determine whether the price
21of prison industries is comparable equal to or lower than one obtained through
22competitive bidding or competitive sealed proposals
, it may solicit bids or
23competitive proposals before awarding the order or contract. This paragraph does
24not apply to the printing of the following forms:
AB40-ASA1, s. 257 25Section 257. 16.75 (4) (b) of the statutes is amended to read:
AB40-ASA1,68,3
116.75 (4) (b) The department shall seek the cooperation and assistance of the
2department of commerce safety and professional services in the performance of its
3duties under par. (a).
AB40-ASA1, s. 260 4Section 260. 16.75 (10e) (b) of the statutes is amended to read:
AB40-ASA1,68,245 16.75 (10e) (b) The If s. 16.855 (10s) (a) provides an applicable standard for the
6type of agency consuming equipment being purchased and the purchase will cost
7more than $5,000 per unit the
department, any other designated purchasing agent
8under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority
9may not purchase that type of energy consuming equipment unless the specifications
10for the equipment meet the applicable standards for the equipment established
11under s. 16.855 (10s) (a). If there is no standard under s. 16.855 (10s) (a) applicable
12to the type of energy consuming equipment being purchased, or if
. If there is an
13applicable standard under s. 16.855 (10s) (a), but
the energy consuming equipment
14meeting that standard is not reasonably available, the department, purchasing
15agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the
16energy consuming equipment that is purchased maximizes energy efficiency to the
17extent technically and economically feasible. The department, purchasing agent,
18agency, or authority shall not determine that energy consuming equipment that
19meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably
20available on the basis of cost alone or is not cost-effective unless the difference in the
21cost of the purchase and installation of the equipment that meets the standard and
22the equipment that would otherwise be installed is greater than the difference in the
23cost of operating the equipment that meets the standard and the equipment that
24would otherwise be installed over the anticipated life of the equipment.
AB40-ASA1, s. 261 25Section 261. 16.751 of the statutes is amended to read:
AB40-ASA1,69,4
116.751 Information technology purchases by investment board. The
2requirements of ss. 16.72 (2) (b) and (d) and 16.75 (1) (a) 1. and (2m) (g) do not apply
3to procurements authorized to be made by the investment board under s. 16.78 (1)
4for information technology purposes.
AB40-ASA1, s. 262 5Section 262. 16.752 (8) (e) of the statutes is amended to read:
AB40-ASA1,69,86 16.752 (8) (e) Comply with applicable occupational health and safety standards
7prescribed by the U.S. secretary of labor, the federal occupational health and safety
8administration or the department of commerce safety and professional services.
AB40-ASA1, s. 263 9Section 263. 16.78 (1) of the statutes is amended to read:
AB40-ASA1,69,2310 16.78 (1) Every agency other than the board of regents of the University of
11Wisconsin System, the University of Wisconsin-Madison, or an agency making
12purchases under s. 16.74 shall make all purchases of materials, supplies, equipment,
13and contractual services relating to information technology or telecommunications
14from the department, unless the department requires the agency to purchase the
15materials, supplies, equipment, or contractual services pursuant to a master
16contract established under s. 16.972 (2) (h), or grants written authorization to the
17agency to procure the materials, supplies, equipment, or contractual services under
18s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual
19services from another agency or to provide the materials, supplies, equipment, or
20contractual services to itself. The board of regents of the University of Wisconsin
21System and the University of Wisconsin-Madison may make purchases of materials,
22supplies, equipment, and contractual services relating to information technology or
23telecommunications from the department.
AB40-ASA1, s. 264 24Section 264. 16.841 of the statutes is repealed.
AB40-ASA1, s. 265g 25Section 265g. 16.848 (1) of the statutes is amended to read:
AB40-ASA1,70,12
116.848 (1) Except as provided in sub. (2) and subject to sub. (3), the department
2may sell offer for sale any state-owned real property, if the department determines
3that the sale is in the best interest of the state. The Any sale may be either on the
4basis of public bids, with the department reserving the right to reject any bid in the
5interest of the state, or negotiated prices. If the department receives an offer to
6purchase property offered under this subsection, the department may submit a
7report to the building commission recommending acceptance of the offer. The report
8shall contain a description of the property and the reasons for the recommendation.
9The department may recommend the sale of a parcel of property with or without the
10approval of the agency, as defined in s. 16.52 (7), having jurisdiction of the property.
11If the building commission approves the proposed sale, the department may sell the
12property.
AB40-ASA1, s. 265h 13Section 265h. 16.848 (3) of the statutes is repealed.
AB40-ASA1, s. 265i 14Section 265i. 16.848 (4) of the statutes is renumbered 16.848 (4) (a) and
15amended to read:
AB40-ASA1,71,716 16.848 (4) (a) Except as provided in s. 13.48 (14) (e), if there is any outstanding
17public debt used to finance the acquisition, construction, or improvement of any
18property that is sold under sub. (1), the department shall deposit a sufficient amount
19of the net proceeds from the sale of the property in the bond security and redemption
20fund under s. 18.09 to repay the principal and pay the interest on the debt, and any
21premium due upon refunding any of the debt. If the property was acquired,
22constructed, or improved with federal financial assistance, the department shall pay
23to the federal government any of the net proceeds required by federal law. If the
24property was acquired by gift or grant or acquired with gift or grant funds, the
25department shall adhere to any restriction governing use of the proceeds. Except as

1required under ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt
2outstanding, there are no moneys payable to the federal government, and there is no
3restriction governing use of the proceeds, and if the net proceeds exceed the amount
4required to be deposited, paid, or used for another purpose under this subsection
5paragraph, the department shall deposit use the net proceeds or remaining net
6proceeds in the general fund to pay principal and interest costs on other outstanding
7public debt
.
AB40-ASA1, s. 265j 8Section 265j. 16.848 (4) (b) of the statutes is created to read:
AB40-ASA1,71,149 16.848 (4) (b) For the purpose of paying principal and interest costs on other
10outstanding public debt under par. (a), the secretary may cause outstanding bonds
11to be called for redemption on or following their optional redemption date, establish
12one or more escrow accounts to redeem bonds at their optional redemption date, or
13purchase bonds in the open market. To the extent practical, the secretary shall
14consider all of the following in determining which public debt to redeem:
AB40-ASA1,71,1715 1. According preference to the redemption of general obligation debt within the
16same statutory bond purpose that was used to acquire, build, or improve the property
17being sold.
AB40-ASA1,71,1918 2. Maintaining compliance with federal tax law applicable to the general
19obligation debt that was issued to acquire, build, or improve the property being sold.
AB40-ASA1,71,2320 3. The extent to which general obligation debt that was issued to acquire, build,
21or improve the property being sold is subject to current optional redemption, would
22require establishment of an escrow, or could be assigned for accounting purposes to
23another statutory bond purpose.
AB40-ASA1,71,2424 4. The fiscal benefit of redeeming outstanding debt with higher interest costs.
AB40-ASA1,72,2
15. The costs of federal tax law compliance in the selection of general obligation
2debt to be redeemed.
AB40-ASA1, s. 266 3Section 266. 16.85 (1) of the statutes is amended to read:
AB40-ASA1,72,214 16.85 (1) To take charge of and supervise all engineering or architectural
5services or construction work, as defined in s. 16.87, performed by, or for, the state,
6or any department, board, institution, commission, or officer of the state, including
7nonprofit-sharing corporations organized for the purpose of assisting the state in the
8construction and acquisition of new buildings or improvements and additions to
9existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, except work
10to be performed for the University of Wisconsin System with respect to a building,
11structure, or facility involving a cost of less than $500,000 that is funded entirely
12with the proceeds of gifts or grants made to the system, and except
the engineering,
13architectural, and construction work of the department of transportation ; and the
14engineering service performed by the department of commerce safety and
15professional services
, department of revenue, public service commission,
16department of health services, and other departments, boards, and commissions
17when the service is not related to the maintenance, and construction and planning,
18of the physical properties of the state. The department may not authorize
19construction work for any state office facility in the city of Madison after May 11,
201990, unless the department first provides suitable space for a child care center
21primarily for use by children of state employees.
AB40-ASA1, s. 267 22Section 267 . 16.85 (1) of the statutes, as affected by 2011 Wisconsin Act ....
23(this act), is amended to read:
AB40-ASA1,73,1324 16.85 (1) To take charge of and supervise all engineering or architectural
25services or construction work, as defined in s. 16.87, performed by, or for, the state,

1or any department, board, institution, commission, or officer of the state, including
2nonprofit-sharing corporations organized for the purpose of assisting the state in the
3construction and acquisition of new buildings or improvements and additions to
4existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, except the
5engineering, architectural, and construction work of the department of
6transportation; and the engineering service performed by the department of safety
7and professional services, department of revenue, public service commission,
8department of health services, and other departments, boards, and commissions
9when the service is not related to the maintenance, and construction and planning,
10of the physical properties of the state. The department may not authorize
11construction work for any state office facility in the city of Madison after May 11,
121990, unless the department first provides suitable space for a child care center
13primarily for use by children of state employees.
AB40-ASA1, s. 268 14Section 268. 16.85 (12) of the statutes is amended to read:
AB40-ASA1,73,2215 16.85 (12) To review and approve plans and specifications for any building or
16structure that is constructed for the benefit of the University of Wisconsin System
17or any institution thereof, and to periodically review the progress of any such
18building or structure during construction to assure compliance with the approved
19plans and specifications. This subsection does not apply to any building, structure,
20or facility that is constructed. remodeled, repaired, renewed, or expanded for the
21University of Wisconsin System involving a cost of less than $500,000 if the project
22is funded entirely from the proceeds of gifts or grants made to the system.
AB40-ASA1, s. 275 23Section 275. 16.854 (1) (a) of the statutes is amended to read:
AB40-ASA1,73,2524 16.854 (1) (a) "Minority business" has the meaning given in s. 560.036 16.287
25(1) (e).
AB40-ASA1, s. 276
1Section 276. 16.854 (1) (b) of the statutes is amended to read:
AB40-ASA1,74,32 16.854 (1) (b) "Minority group member" has the meaning given in s. 560.036
316.287 (1) (f).
AB40-ASA1, s. 276m 4Section 276m. 16.855 (1) of the statutes is amended to read:
AB40-ASA1,74,155 16.855 (1) The department shall let by contract to the lowest qualified
6responsible bidder all construction work when the estimated construction cost of the
7project exceeds $40,000 $50,000, except for construction work authorized under s.
816.858 and except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a
9Wisconsin firm and the department determines that the state, foreign nation or
10subdivision thereof in which the bidder is domiciled grants a preference to bidders
11domiciled in that state, nation or subdivision in making governmental purchases,
12the department shall give a preference over that bidder to Wisconsin firms, if any,
13when awarding the contract, in the absence of compelling reasons to the contrary.
14The department may enter into agreements with states, foreign nations and
15subdivisions thereof for the purpose of implementing this subsection.
AB40-ASA1, s. 277 16Section 277. 16.855 (2) (intro.) of the statutes is amended to read:
AB40-ASA1,74,2017 16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the
18estimated construction cost of a project exceeds $40,000 $50,000, or if less and in the
19best interest of the state or the University of Wisconsin-Madison, the department
20shall:
AB40-ASA1, s. 282 21Section 282. 16.855 (10m) (ac) of the statutes is amended to read:
AB40-ASA1,74,2422 16.855 (10m) (ac) In this subsection, "disabled veteran-owned business"
23means a business certified by the department of commerce administration under s.
24560.0335 16.283 (3).
AB40-ASA1, s. 283 25Section 283. 16.855 (10n) (a) of the statutes is amended to read:
AB40-ASA1,75,2
116.855 (10n) (a) In this subsection, "minority group member" has the meaning
2given in s. 560.036 16.287 (1) (f).
AB40-ASA1, s. 284 3Section 284. 16.855 (20) of the statutes is amended to read:
AB40-ASA1,75,94 16.855 (20) This section does not apply to construction work performed by
5University of Wisconsin System students when the construction work performed is
6a part of a curriculum and where the work is course-related for the student involved.
7Prior approval of the building commission must be obtained for all construction
8projects to be performed by University of Wisconsin System students , except projects
9specified in s. 13.48 (10) (c)
.
AB40-ASA1, s. 289b 10Section 289b. 16.855 (22) of the statutes is amended to read:
AB40-ASA1,75,2011 16.855 (22) The provisions of this section, except sub. (10m), do not apply to
12construction work for any project that does not require the prior approval of the
13building commission under s. 13.48 (10) (a) if the project is constructed in accordance
14with policies and procedures prescribed by the building commission under s. 13.48
15(29). If the estimated construction cost of any project, other than a project
16constructed by or for the University of Wisconsin System that is exempted under sub.
17(23),
is at least $40,000 $50,000, and the building commission elects to utilize the
18procedures prescribed under s. 13.48 (29) to construct the project, the department
19shall provide adequate public notice of the project and the procedures to be utilized
20to construct the project on a publicly accessible computer site.
AB40-ASA1, s. 290 21Section 290. 16.855 (23) of the statutes is created to read:
AB40-ASA1,75,2522 16.855 (23) This section does not apply to construction work for any project
23constructed by or for the University of Wisconsin System involving a cost of less than
24$500,000 that is funded entirely with the proceeds of gifts and grants made to the
25system.
AB40-ASA1, s. 297
1Section 297. 16.87 (1) (am) of the statutes is amended to read:
AB40-ASA1,76,32 16.87 (1) (am) "Disabled veteran-owned business" means a business certified
3by the department of commerce administration under s. 560.0335 16.283 (3).
AB40-ASA1, s. 300 4Section 300. 16.87 (5) of the statutes is created to read:
AB40-ASA1,76,75 16.87 (5) This section does not apply to any project for the University of
6Wisconsin System involving a cost of less than $500,000 that is funded entirely from
7the proceeds of gifts or grants made to the system.
AB40-ASA1, s. 305 8Section 305. 16.89 of the statutes is amended to read:
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