AB40-ASA1,34,4
116.309 (1) The department may administer housing programs, including the
2housing improvement grant program and, the initial rehabilitation grant program,
3the community development grant program, and the revolving loan fund program,
4that are funded by a community development block grant, 42 USC 5301 to 5320.
AB40-ASA1,65 5Section 65. 16.310 (5) of the statutes is amended to read:
AB40-ASA1,34,86 16.310 (5) Nonapplication. This section does not apply to property that is
7authorized to be sold under or leased as provided in s. 16.848 while an offer of sale,
8sale, or lease agreement is pending or while the property is leased
.
AB40-ASA1,65am 9Section 65am. 16.41 (4) of the statutes is amended to read:
AB40-ASA1,34,1110 16.41 (4) In this section, "authority" means a body created under subch. II of
11ch. 114 or subch. III of ch. 149 or under ch. 231, 233, 234, 237, 238, or 279.
AB40-ASA1,65b 12Section 65b. 16.413 (title) of the statutes is amended to read:
AB40-ASA1,34,14 1316.413 (title) Disclosure of expenditures relating to state agency
14government operations and state agency government contracts and grants.
AB40-ASA1,65d 15Section 65d. 16.413 (1) (bm) of the statutes is created to read:
AB40-ASA1,34,1716 16.413 (1) (bm) "Municipality" means a city, village, or town having a
17population of 5,000 or more or a county.
AB40-ASA1,65f 18Section 65f. 16.413 (4) of the statutes is created to read:
AB40-ASA1,34,2519 16.413 (4) Municipal expenditures for operations. (a) Beginning on
20September 1, 2016, the department shall ensure that all municipal expenditures for
21municipal operations exceeding $100, including salaries and fringe benefits paid to
22municipal employees, are available for inspection on the searchable Internet Web
23site under sub. (2) (a). Copies of each financial instrument relating to these
24expenditures, other than payments relating to municipal employee salaries, shall be
25available for inspection on the searchable Internet Web site under sub. (2) (a).
AB40-ASA1,35,5
1(b) The department shall categorize the expenditure information under par. (a)
2by municipality, expenditure category, expenditure amount, and the person to whom
3the expenditure is made. If any of the expenditure information may be found on other
4Web sites, the department shall ensure that the information is accessible through the
5searchable Internet Web site under sub. (2) (a).
AB40-ASA1,35,96 (c) Beginning on September 1, 2016, municipalities shall provide the
7department with all expenditure information required under par. (a). The
8department may specify the format in which municipalities provide the expenditure
9information.
AB40-ASA1,65h 10Section 65h. 16.413 (5) of the statutes is created to read:
AB40-ASA1,35,1411 16.413 (5) Municipal contracts and grants. (a) Beginning on September 1,
122016, the department shall ensure that all of the following information relating to
13each grant made by a municipality or contract entered into by a municipality is
14available for inspection on the searchable Internet Web site under sub. (2) (a):
AB40-ASA1,35,1515 1. A copy of the contract and grant award.
AB40-ASA1,35,1616 2. The municipality making the grant or entering into the contract.
AB40-ASA1,35,1817 3. The name and address of the person receiving the grant or entering into the
18contract.
AB40-ASA1,35,1919 4. The purpose of the grant or contract.
AB40-ASA1,35,2220 5. The amount of the grant or the amount the municipality must expend under
21the contract and the name of the municipal fund from which the grant is paid or
22moneys are expended under the contract.
AB40-ASA1,36,223 (b) Beginning on September 1, 2016, municipalities shall provide the
24department with all of the information required under par. (a). The department may
25specify the format in which municipalities provide the information. The department

1shall make the information available on the searchable Internet Web site under sub.
2(2) (a).
AB40-ASA1,65p 3Section 65p. 16.417 (1) (a) of the statutes is amended to read:
AB40-ASA1,36,84 16.417 (1) (a) "Agency" means an office, department, independent agency,
5institution of higher education, association, society, or other body in state
6government created or authorized to be created by the constitution or any law, that
7is entitled to expend moneys appropriated by law, including the legislature and the
8courts, but not including an authority or the body created under subch. III of ch. 149.
AB40-ASA1,65r 9Section 65r. 16.42 (3) of the statutes is created to read:
AB40-ASA1,36,1310 16.42 (3) The department shall include in its agency request under sub. (1) a
11proposal to eliminate any council, board, or commission that has not held a meeting
12since the preceding September 15, unless the council, board, or commission is
13required to exist under federal law.
AB40-ASA1,67b 14Section 67b. 16.505 (2m) of the statutes is amended to read:
AB40-ASA1,36,2415 16.505 (2m) The board of regents of the University of Wisconsin System or the
16chancellor of the University of Wisconsin-Madison may create or abolish a full-time
17equivalent position or portion thereof, other than positions funded from the
18appropriation under s. 20.285 (1) (a). Beginning on July 1, 2013 2015, all positions
19authorized for the University of Wisconsin shall not be included in any state position
20report. No later than the last day of the month following completion of each calendar
21quarter, the board of regents shall report to the department and the cochairpersons
22of the joint committee on finance concerning the number of full-time equivalent
23positions created or abolished by the board under this subsection during the
24preceding calendar quarter and the source of funding for each such position.
AB40-ASA1,67d 25Section 67d. 16.52 (7) of the statutes is amended to read:
AB40-ASA1,37,10
116.52 (7) Petty cash account. With the approval of the secretary, each agency
2that is authorized to maintain a contingent fund under s. 20.920 may establish a
3petty cash account from its contingent fund. The procedure for operation and
4maintenance of petty cash accounts and the character of expenditures therefrom
5shall be prescribed by the secretary. In this subsection, "agency" means an office,
6department, independent agency, institution of higher education, association,
7society, or other body in state government created or authorized to be created by the
8constitution or any law, that is entitled to expend moneys appropriated by law,
9including the legislature and the courts, but not including an authority created in
10subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, 237, 238, or 279.
AB40-ASA1,67f 11Section 67f. 16.528 (1) (a) of the statutes is amended to read:
AB40-ASA1,37,1712 16.528 (1) (a) "Agency" means an office, department, independent agency,
13institution of higher education, association, society, or other body in state
14government created or authorized to be created by the constitution or any law, that
15is entitled to expend moneys appropriated by law, including the legislature and the
16courts, but not including an authority created in subch. II of ch. 114 or subch. III of
17ch. 149
or in ch. 231, 233, 234, 237, 238, or 279.
AB40-ASA1,67h 18Section 67h. 16.53 (2) of the statutes is amended to read:
AB40-ASA1,38,219 16.53 (2) Improper invoices. If an agency receives an improperly completed
20invoice, the agency shall notify the sender of the invoice within 10 working days after
21it receives the invoice of the reason it is improperly completed. In this subsection,
22"agency" means an office, department, independent agency, institution of higher
23education, association, society, or other body in state government created or
24authorized to be created by the constitution or any law, that is entitled to expend
25moneys appropriated by law, including the legislature and the courts, but not

1including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch.
2231, 233, 234, 237, 238, or 279.
AB40-ASA1,67i 3Section 67i. 16.531 (4) of the statutes is created to read:
AB40-ASA1,38,54 16.531 (4) This section does not apply to actual or projected imbalances in the
5unemployment reserve fund or to loans to the fund made under s. 20.002 (11) (b) 3m.
AB40-ASA1,67j 6Section 67j. 16.54 (9) (a) 1. of the statutes is amended to read:
AB40-ASA1,38,127 16.54 (9) (a) 1. "Agency" means an office, department, independent agency,
8institution of higher education, association, society or other body in state
9government created or authorized to be created by the constitution or any law, which
10is entitled to expend moneys appropriated by law, including the legislature and the
11courts, but not including an authority created in subch. II of ch. 114 or subch. III of
12ch. 149
or in ch. 231, 233, 234, 237, 238, or 279.
AB40-ASA1,68c 13Section 68c. 16.70 (2) of the statutes is amended to read:
AB40-ASA1,38,1514 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or subch.
15III of ch. 149
or under ch. 231, 232, 233, 234, 237, or 279.
AB40-ASA1,74 16Section 74. 16.701 (title) of the statutes is amended to read:
AB40-ASA1,38,17 1716.701 (title) Subscription service and procurement system.
AB40-ASA1,75 18Section 75. 16.701 (1m) of the statutes is created to read:
AB40-ASA1,39,219 16.701 (1m) The department may provide an electronic procurement system
20to manage all aspects of procurement under this subchapter. The electronic
21procurement system may supplement or supplant the subscription service under
22sub. (1), and the department may permit prospective vendors to provide product or
23service information, as provided in sub. (2), through the electronic procurement
24system. If the department provides an electronic procurement system under this
25subsection, the department may require that an agency use the system. The

1department may assess agencies and vendors for the costs of the system under this
2subsection in accordance with a method the department develops.
AB40-ASA1,77 3Section 77. 16.7015 of the statutes is amended to read:
AB40-ASA1,39,16 416.7015 Bidders list. The department may maintain a bidders list. Any
5agency to which the department delegates purchasing authority under s. 16.71 (1)
6may maintain a bidders list if authorized by the delegation.
The bidders list shall
7include the names and addresses of all persons who request to be notified of bids or
8competitive sealed proposals, excluding those to be awarded under s. 16.75 (1) (c) or
9(2m) (c), that are solicited by the department or other agency for the procurement of
10materials, supplies, equipment, or contractual services under this subchapter. Any
11bidders list maintained by the department may include the names and addresses of
12any person who requests to be notified of bids or competitive sealed proposals that
13are solicited by any agency. The department or other agency shall notify each person
14on its the bidders list of all bids or competitive sealed proposals that are solicited by
15the department or other agency. The department or other agency may remove any
16person from its the bidders list for cause.
AB40-ASA1,79 17Section 79. 16.705 (1b) (intro.) and (c) of the statutes are created to read:
AB40-ASA1,39,1918 16.705 (1b) (intro.) The determinations under sub. (1) do not apply to a contract
19entered into by any of the following:
AB40-ASA1,39,2020 (c) The department under s. 16.848 (1).
AB40-ASA1,80 21Section 80. 16.705 (1m) of the statutes is renumbered 16.705 (1b) (a) and
22amended to read:
AB40-ASA1,39,2423 16.705 (1b) (a) Subsection (1) does not apply to contracts entered into by the
24The service award board under s. 16.25 (4) (b).
AB40-ASA1,81
1Section 81. 16.705 (1n) of the statutes, as affected by 2011 Wisconsin Act 266,
2is renumbered 16.705 (1b) (b) and amended to read:
AB40-ASA1,40,53 16.705 (1b) (b) Subsection (1) does not apply to a contract entered into by the
4The department of corrections for global positioning system tracking services under
5s. 301.48 (3) or 301.49.
AB40-ASA1,83 6Section 83. 16.705 (2) of the statutes, as affected by 2011 Wisconsin Act 32,
7is renumbered 16.705 (2) (a) and amended to read:
AB40-ASA1,40,198 16.705 (2) (a) The department shall promulgate rules for the procurement of
9contractual services by the department and its designated agents, including but not
10limited to rules prescribing approval and monitoring processes for contractual
11service contracts,; except as provided in par. (b), a requirement for agencies, except
12for the University of Wisconsin System, to conduct a uniform cost-benefit analysis
13of each proposed contractual service procurement involving an estimated
14expenditure of more than $25,000 $50,000 in accordance with standards prescribed
15in the rules,; and, except as provided in par. (b), a requirement for agencies, except
16for the University of Wisconsin System,
to review periodically, and before any
17renewal, the continued appropriateness of contracting under each contractual
18services agreement involving an estimated expenditure of more than $25,000
19$50,000.
AB40-ASA1,41,3 20(c) Each officer requesting approval to engage any person to perform
21contractual services shall submit to the department written justification for such
22contracting which shall include a description of the contractual services to be
23procured, justification of need, justification for not contracting with other agencies,
24a specific description of the scope of contractual services to be performed, and
25justification for the procurement process if a process other than competitive bidding

1is to be used. The department may not approve any contract for contractual services
2unless it is satisfied that the justification for contracting conforms to the
3requirements of this section and ss. 16.71 to 16.77.
AB40-ASA1,84 4Section 84. 16.705 (2) (b) of the statutes is created to read:
AB40-ASA1,41,65 16.705 (2) (b) A cost-benefit analysis or continued appropriateness review is
6not required for the following services:
AB40-ASA1,41,77 1. Services that federal or state law requires to be performed by contract.
AB40-ASA1,41,98 2. Services that must be provided per a contract, license, or warranty, by the
9original equipment manufacturer or publisher.
AB40-ASA1,41,1110 3. Services that cannot be performed by state employees because the state lacks
11the required infrastructure.
AB40-ASA1,41,1312 4. Web-based software application services that are delivered and managed
13remotely.
AB40-ASA1,91c 14Section 91c. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB40-ASA1,41,2515 16.72 (2) (e) (intro.) In writing the specifications under this subsection, the
16department and any other designated purchasing agent under s. 16.71 (1) shall
17incorporate requirements for the purchase of products made from recycled materials
18and recovered materials if their use is technically and economically feasible. Each
19authority other than the University of Wisconsin Hospitals and Clinics Authority,
20and the Lower Fox River Remediation Authority, and the Health Insurance
21Risk-Sharing Plan Authority,
in writing specifications for purchasing by the
22authority, shall incorporate requirements for the purchase of products made from
23recycled materials and recovered materials if their use is technically and
24economically feasible. The specifications shall include requirements for the
25purchase of the following materials:
AB40-ASA1,92c
1Section 92c. 16.72 (2) (f) of the statutes is amended to read:
AB40-ASA1,42,112 16.72 (2) (f) In writing specifications under this subsection, the department,
3any other designated purchasing agent under s. 16.71 (1), and each authority other
4than the University of Wisconsin Hospitals and Clinics Authority, and the Lower Fox
5River Remediation Authority, and the Health Insurance Risk-Sharing Plan
6Authority
shall incorporate requirements relating to the recyclability and ultimate
7disposition of products and, wherever possible, shall write the specifications so as to
8minimize the amount of solid waste generated by the state, consistent with the
9priorities established under s. 287.05 (12). All specifications under this subsection
10shall discourage the purchase of single-use, disposable products and require,
11whenever practical, the purchase of multiple-use, durable products.
AB40-ASA1,97 12Section 97. 16.75 (1) (a) 1. of the statutes is amended to read:
AB40-ASA1,42,2113 16.75 (1) (a) 1. All orders awarded or contracts made by the department for all
14materials, supplies, equipment, and contractual services to be provided to any
15agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
16(6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754,
1716.964 (8), 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (7), shall be awarded to
18the lowest responsible bidder, taking into consideration life cycle cost estimates
19under sub. (1m), when appropriate, the location of the agency, the quantities of the
20articles to be supplied, their conformity with the specifications, and the purposes for
21which they are required and the date of delivery.
AB40-ASA1,102c 22Section 102c. 16.75 (1m) of the statutes is amended to read:
AB40-ASA1,43,1123 16.75 (1m) The department shall award each order or contract for materials,
24supplies or equipment on the basis of life cycle cost estimates, whenever such action
25is appropriate. Each authority other than the University of Wisconsin Hospitals and

1Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin
2Aerospace Authority, and the Health Insurance Risk-Sharing Plan Authority shall
3award each order or contract for materials, supplies or equipment on the basis of life
4cycle cost estimates, whenever such action is appropriate. The terms, conditions and
5evaluation criteria to be applied shall be incorporated in the solicitation of bids or
6proposals. The life cycle cost formula may include, but is not limited to, the
7applicable costs of energy efficiency, acquisition and conversion, money,
8transportation, warehousing and distribution, training, operation and maintenance
9and disposition or resale. The department shall prepare documents containing
10technical guidance for the development and use of life cycle cost estimates, and shall
11make the documents available to local governmental units.
AB40-ASA1,111 12Section 111. 16.75 (3m) (b) 1. of the statutes is amended to read:
AB40-ASA1,43,1613 16.75 (3m) (b) 1. The department, any agency to which the department
14delegates purchasing authority under s. 16.71 (1),
and any agency making purchases
15under s. 16.74 shall attempt to ensure that 5 percent of the total amount expended
16under this subchapter in each fiscal year is paid to minority businesses.
AB40-ASA1,112 17Section 112. 16.75 (3m) (b) 2. of the statutes is amended to read:
AB40-ASA1,43,2218 16.75 (3m) (b) 2. The department, any agency to which the department
19delegates purchasing authority under s. 16.71 (1),
and any agency making purchases
20under s. 16.74 shall make efforts to ensure that a portion of the total amount
21expended under this subchapter in each fiscal year is paid to disabled
22veteran-owned businesses.
AB40-ASA1,113 23Section 113. 16.75 (3m) (b) 3. of the statutes is amended to read:
AB40-ASA1,44,1124 16.75 (3m) (b) 3. Except as provided under sub. (7), the department, any agency
25to which the department delegates purchasing authority under s. 16.71 (1), and any

1agency making purchases under s. 16.74
may purchase materials, supplies,
2equipment, and contractual services from any minority business or disabled
3veteran-owned business, or a business that is both a minority business and a
4disabled veteran-owned business, submitting a qualified responsible competitive
5bid that is no more than 5 percent higher than the apparent low bid or competitive
6proposal that is no more than 5 percent higher than the most advantageous proposal.
7In administering the preference for minority businesses or disabled veteran-owned
8businesses established in this paragraph, the department, the delegated agency, and
9any agency making purchases under s. 16.74 shall maximize the use of minority
10businesses or disabled veteran-owned businesses which are incorporated under ch.
11180 or which have their principal place of business in this state.
AB40-ASA1,114b 12Section 114b. 16.75 (3t) (c) (intro.) of the statutes is renumbered 16.75 (3t) (c)
13and amended to read:
AB40-ASA1,44,1814 16.75 (3t) (c) The department of corrections shall periodically provide to the
15department of administration a current list of all materials, supplies, equipment, or
16contractual services, excluding commodities, that are supplied by prison industries,
17as created under s. 303.01. The department of administration shall distribute the
18list to all designated purchasing agents under s. 16.71 (1).
AB40-ASA1,45,6 19(d) 1. Except as otherwise provided in this subdivision and in sub. (6) (am), prior
20to seeking bids or competitive sealed proposals with respect to the purchase of any
21materials, supplies, equipment, or contractual services enumerated in the list
22provided under par. (c), except for furniture as provided in subd. 2., the department
23of administration or any other designated purchasing agent under s. 16.71 (1) shall
24offer prison industries the opportunity to supply the materials, supplies, equipment,
25or contractual services if the department of corrections is able to provide them at a

1price that is equal to or lower than one which may be obtained through competitive
2bidding or competitive sealed proposals and is able to conform to the specifications.
3If the department of administration or other purchasing agent is unable to determine
4whether the price of prison industries is equal to or lower than one obtained through
5competitive bidding or competitive sealed proposals, it may solicit bids or
6competitive proposals before awarding the order or contract. This paragraph
AB40-ASA1,45,7 7(e) Paragraph (d) 1. does not apply to the printing of the following forms:
AB40-ASA1,114bd 8Section 114bd. 16.75 (3t) (d) 2. of the statutes is created to read:
AB40-ASA1,45,209 16.75 (3t) (d) 2. Except as otherwise provided in this subdivision, prior to
10seeking bids or competitive sealed proposals with respect to the purchase of any
11furniture enumerated in the list provided under par. (c), the department of
12administration or any other designated purchasing agent under s. 16.71 (1) shall
13offer prison industries the opportunity to supply the furniture if the department of
14corrections is able to provide it at a price that is comparable to one that may be
15obtained through competitive bidding or competitive sealed proposals and is able to
16conform to the specifications. If the department of administration or other
17purchasing agent is unable to determine whether the price of prison industries is
18comparable to one obtained through competitive bidding or competitive sealed
19proposals, it may solicit bids or competitive proposals before awarding the order or
20contract.
AB40-ASA1,118c 21Section 118c. 16.75 (8) (a) 1. of the statutes is amended to read:
AB40-ASA1,46,322 16.75 (8) (a) 1. The department, any other designated purchasing agent under
23s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
24than the University of Wisconsin Hospitals and Clinics Authority, and the Lower Fox
25River Remediation Authority, and the Health Insurance Risk-Sharing Plan

1Authority
shall, to the extent practicable, make purchasing selections using
2specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials
3utilizing recycled materials and recovered materials.
AB40-ASA1,118e 4Section 118e. 16.75 (8) (a) 2. of the statutes is amended to read:
AB40-ASA1,46,105 16.75 (8) (a) 2. Each agency and authority other than the University of
6Wisconsin Hospitals and Clinics Authority, and the Lower Fox River Remediation
7Authority, and the Health Insurance Risk-Sharing Plan Authority shall ensure that
8the average recycled or recovered content of all paper purchased by the agency or
9authority measured as a proportion, by weight, of the fiber content of paper products
10purchased in a fiscal year, is not less than 40% of all purchased paper.
AB40-ASA1,119c 11Section 119c. 16.75 (9) of the statutes is amended to read:
AB40-ASA1,46,1712 16.75 (9) The department, any other designated purchasing agent under s.
1316.71 (1), any agency making purchases under s. 16.74, and any authority other than
14the University of Wisconsin Hospitals and Clinics Authority, and the Lower Fox
15River Remediation Authority, and the Health Insurance Risk-Sharing Plan
16Authority
shall, to the extent practicable, make purchasing selections using
17specifications prepared under s. 16.72 (2) (f).
AB40-ASA1,122c 18Section 122c. 16.765 (1) of the statutes is amended to read:
AB40-ASA1,47,419 16.765 (1) Contracting agencies, 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, the Wisconsin Economic Development
23Corporation, and the Bradley Center Sports and Entertainment Corporation shall
24include in all contracts executed by them a provision obligating the contractor not
25to discriminate against any employee or applicant for employment because of age,

1race, religion, color, handicap, sex, physical condition, developmental disability as
2defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
3origin and, except with respect to sexual orientation, obligating the contractor to take
4affirmative action to ensure equal employment opportunities.
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