AB100,149,96
16.24
(1) (b) "Institution of higher education" means a public or private
7institution of higher education that is accredited by an accrediting association
8recognized by the department, and a proprietary school approved by the
department
9of education educational approval board under s.
38.51 39.51.
AB100, s. 102
10Section
102. 16.24 (10m) of the statutes is amended to read:
AB100,149,1511
16.24
(10m) Repayment to general fund. The secretary shall transfer from the
12tuition trust fund to the general fund an amount equal to the amount encumbered
13from the appropriation under s. 20.505 (9) (a)
in the 1996-97 fiscal year when the
14secretary determines that funds in the tuition trust fund are sufficient to make the
15transfer. The secretary may make the transfer in instalments.
AB100, s. 103
16Section
103. 16.405 (1) of the statutes is amended to read:
AB100,149,2117
16.405
(1) At any time the department determines that a deficiency will occur
18in the funds of the state which will not permit the state to meet its operating
19obligations in a timely manner, it may prepare a request for the issuance of operating
20notes under subch. III of ch. 18 and, subject to
sub.
subs. (2)
and (3), may submit the
21request to the building commission.
AB100, s. 104
22Section
104. 16.405 (2) of the statutes is amended to read:
AB100,149,2523
16.405
(2) The department may not submit a request to the building
24commission under sub. (1) unless the request is signed by the secretary and the
25governor
, and approved by the joint committee on finance.
AB100, s. 105
1Section
105. 16.405 (3) of the statutes is created to read:
AB100,150,122
16.405
(3) If the department proposes to submit a request to the building
3commission under sub. (1), the secretary shall notify the joint committee on finance
4in writing of the proposed action. If the cochairpersons of the committee do not notify
5the secretary that the committee has scheduled a meeting for the purpose of
6reviewing the proposed submission within 14 working days after the date of the
7secretary's notification, the department may submit the request to the building
8commission as proposed. If, within 14 working days after the date of the secretary's
9notification, the cochairpersons of the committee notify the secretary that the
10committee has scheduled a meeting for the purpose of reviewing the proposed
11submission, the department may submit the request to the building commission only
12upon approval of the committee.
AB100, s. 106
13Section
106. 16.50 (3) of the statutes is amended to read:
AB100,151,2114
16.50
(3) Limitation on increase of force and salaries. No department, except
15the legislature or the courts, may increase the pay of any employe, expend money or
16incur any obligation except in accordance with the estimate that is submitted to the
17secretary as provided in sub. (1) and approved by the secretary or the governor. No
18change in the number of full-time equivalent positions authorized through the
19biennial budget process or other legislative act may be made without the approval
20of the joint committee on finance, except for position changes made by the governor
21under s. 16.505 (1) (c) or (2), by the University of Wisconsin Hospitals and Clinics
22Board under s. 16.505 (2n) or by the board of regents of the University of Wisconsin
23System under s. 16.505 (2m). The secretary may withhold, in total or in part, the
24funding for any position, as defined in s. 230.03 (11), as well as the funding for
25part-time or limited term employes until such time as the secretary determines that
1the filling of the position or the expending of funds is consistent with s. 16.505 and
2with the intent of the legislature as established by law or in budget determinations,
3or the intent of the joint committee on finance creating or abolishing positions under
4s. 13.10, the intent of the governor creating or abolishing positions under s. 16.505
5(1) (c) or (2) or the intent of the board of regents of the University of Wisconsin System
6in creating or abolishing positions under s. 16.505 (2m). Until the release of funding
7occurs, recruitment or certification for the position may not be undertaken. The
8secretary shall submit a quarterly report to the joint committee on finance of any
9position changes made by the governor under s. 16.505 (1) (c). No pay increase may
10be approved unless it is at the rate or within the pay ranges prescribed in the
11compensation plan or as provided in a collective bargaining agreement under subch.
12V of ch. 111. At the request of the secretary of employment relations, the secretary
13of administration may authorize the temporary creation of pool or surplus positions
14under any source of funds if the secretary of employment relations determines that
15temporary positions are necessary
a) to maintain adequate staffing levels for high
16turnover classifications, in anticipation of attrition, to fill positions for which
17recruitment is difficult
; or b) to provide temporary staffing to a sending agency, as
18defined in s. 230.047 (2) (c), for the purpose of sending the positions to a receiving
19agency, as defined in s. 230.047 (2) (b). Surplus or pool positions authorized by the
20secretary shall be reported quarterly to the joint committee on finance in conjunction
21with the report required under s. 16.54 (8).
AB100, s. 107
22Section
107. 16.505 (2m) of the statutes is amended to read:
AB100,152,523
16.505
(2m) The board of regents of the university of Wisconsin system may
24create or abolish a full-time equivalent position or portion thereof from revenues
25appropriated under s. 20.285 (1) (h),
(ip), (iz), (j), (m) or (n) or (3) (iz) or (n). No later
1than the last day of the month following completion of each calendar quarter, the
2board of regents shall report to the department and the cochairpersons of the joint
3committee on finance concerning the number of full-time equivalent positions
4created or abolished by the board under this subsection during the preceding
5calendar quarter and the source of funding for each such position.
AB100, s. 108
6Section
108. 16.52 (10) (title) of the statutes is amended to read:
AB100,152,77
16.52
(10) (title)
Department of education public instruction.
AB100, s. 109
8Section
109. 16.54 (2) (a) 2. of the statutes is amended to read:
AB100,153,29
16.54
(2) (a) 2. Whenever a block grant is made to this state under any federal
10law
enacted after August 31, 1995,which authorizes the distribution of block grants
11for the purposes for which the grant is made,
and the secretary of administration
12determines that the block grant is not reflected in the estimates of federal revenues
13contained in the biennial budget act for the fiscal year in which the moneys received
14as part of the grant will be encumbered or expended, the governor shall not
15administer and no board, commission or department may encumber or expend
16moneys received as a part of the grant unless the governor first notifies the
17cochairpersons of the joint committee on finance, in writing, that the grant has been
18made. The notice shall contain a description of the purposes proposed by the
19governor for expenditure of the moneys received as a part of the grant. If the
20cochairpersons of the committee do not notify the governor that the committee has
21scheduled a meeting for the purpose of reviewing the proposed expenditure of grant
22moneys within 14 working days after the date of the governor's notification, the
23moneys may be expended as proposed by the governor. If, within 14 working days
24after the date of the governor's notification, the cochairpersons of the committee
25notify the governor that the committee has scheduled a meeting for the purpose of
1reviewing the proposed expenditure of grant moneys, no moneys received as a part
2of the grant may be expended without the approval of the committee.
AB100, s. 110
3Section
110. 16.61 (3) (u) of the statutes is repealed.
AB100, s. 111
4Section
111. 16.61 (5) of the statutes is amended to read:
AB100,153,95
16.61
(5) Transfer of public records to optical disk or electronic format. 6(a) Subject to
rules promulgated procedures and standards prescribed by the
7department under s. 16.611, any state agency may transfer to or maintain in optical
8disk or electronic format any public record in its custody and retain the public record
9in that format only.
AB100,153,1310
(b) Subject to
rules promulgated procedures and standards prescribed by the
11department under s. 16.611, state agencies shall maintain procedures to ensure the
12authenticity, accuracy, reliability and accessibility of public records transferred to or
13maintained in optical disk or electronic format under par. (a).
AB100,153,1714
(c) Subject to
rules promulgated procedures and standards prescribed by the
15department under s. 16.611, state agencies that transfer to or maintain in optical
16disk or electronic format public records in their custody shall ensure that the public
17records stored in that format are protected from unauthorized destruction.
AB100, s. 112
18Section
112. 16.61 (7) (a) 2. of the statutes is amended to read:
AB100,153,2319
16.61
(7) (a) 2. The reproduction is on film which complies with the minimum
20standards of quality for microfilm reproductions, as established by rule of the board,
21or the optical disk or electronic copy and the copy generated from optical disk or
22electronic format comply with the minimum standards of quality for such copies, as
23established by
rule of the department under s. 16.611.
AB100, s. 113
24Section
113. 16.611 (2) of the statutes is amended to read:
AB100,154,8
116.611
(2) (a) The department shall prescribe
, by rule, procedures
and
2standards for the transfer of public records and records of the University of
3Wisconsin Hospitals and Clinics Authority to optical disk or electronic format and
4for the maintenance of such records stored in optical disk or electronic format,
5including procedures to ensure the authenticity, accuracy, reliability and
6accessibility of any public records or records of the University of Wisconsin Hospitals
7and Clinics Authority so transferred and procedures to ensure that such records are
8protected from unauthorized destruction.
AB100,154,119
(b) The department shall prescribe
, by rule, procedures
and standards 10governing the operation of its optical disk and electronic storage facility under s.
1116.62 (1) (bm).
AB100,154,1412
(c) The department shall prescribe
, by rule, qualitative standards for optical
13disks and for copies of documents generated from optical disks used to store public
14records and records of the University of Wisconsin Hospitals and Clinics Authority.
AB100,154,1715
(d) The department shall prescribe
, by rule, qualitative standards for the
16storage of public records in electronic format and for copies of public records stored
17in electronic format.
AB100, s. 114
18Section
114. 16.611 (3) of the statutes is amended to read:
AB100,154,2219
16.611
(3) Prior to
submitting any proposed rule implementing any procedures
20or standards prescribed under sub. (2)
to the legislative council staff under s. 227.15
21(1), the department shall refer the proposed
rule
procedures or standards to the
22public records board for its recommendations.
AB100, s. 115
23Section
115. 16.62 (1) (bm) of the statutes is amended to read:
AB100,155,324
16.62
(1) (bm) To operate a storage facility for storage of public records and
25records of the University of Wisconsin Hospitals and Clinics Authority in optical disk
1or electronic format in accordance with
rules, promulgated procedures and
2standards, prescribed by the department under s. 16.611, governing operation of the
3facility.
AB100, s. 116
4Section
116. 16.70 (3m) of the statutes is created to read:
AB100,155,55
16.70
(3m) "Educational technology" has the meaning given in s. 44.70 (3).
AB100, s. 117
6Section
117. 16.70 (4m) of the statutes is created to read:
AB100,155,77
16.70
(4m) "Information technology" has the meaning given in s. 16.97 (6).
AB100, s. 118
8Section
118. 16.72 (4) (b) of the statutes is amended to read:
AB100,155,159
16.72
(4) (b) The department shall promulgate rules for the declaration as
10surplus of supplies, materials and equipment in any agency and for the transfer to
11other agencies or for the disposal by private or public sale of supplies, materials and
12equipment. In either case due credit shall be given to the agency releasing the same
,
13except that the department shall transfer any supplies, materials or equipment
14declared to be surplus to the department of tourism, upon request of the department
15of tourism, at no cost.
AB100, s. 119
16Section
119. 16.72 (7) (c) of the statutes is repealed.
AB100, s. 120
17Section
120. 16.72 (8) of the statutes is created to read:
AB100,155,2318
16.72
(8) The division of information technology services of the department
19may purchase educational technology materials, supplies, equipment or contractual
20services from orders placed with the department by the technology for educational
21achievement in Wisconsin board on behalf of school districts, cooperative educational
22service agencies, technical college districts and the board of regents of the University
23of Wisconsin System.
AB100, s. 121
24Section
121. 16.75 (6) (am) 1. of the statutes is repealed.
AB100, s. 122
1Section
122. 16.75 (6) (am) 2. of the statutes is renumbered 16.75 (6) (am) and
2amended to read:
AB100,156,63
16.75
(6) (am) Subsections (1) and (3t) do not apply to
major procurements
by
4the department of materials, supplies, equipment or contractual services for
5information technology purposes or to procurements by the division of information
6technology services of the department under s. 16.72 (8).
AB100, s. 123
7Section
123. 16.752 (12) (i) of the statutes is amended to read:
AB100,156,118
16.752
(12) (i) Paragraph (a) does not apply to
major procurements
, as defined
9in s. 16.75 (6) (am) by the department of materials, supplies, equipment or
10contractual services for information technology purposes or to procurements by the
11division of information technology services of the department under s. 16.72 (8).
AB100, s. 124
12Section
124. 16.80 of the statutes is amended to read:
AB100,156,19
1316.80 Purchases of computers by teachers. The department shall
14negotiate with private vendors to facilitate the purchase of computers and other
15educational technology, as defined in s.
16.992 (1) (c) 24.60 (1r), by public and private
16elementary and secondary school teachers for their private use. The department
17shall attempt to make available types of computers and other educational technology
18under this section that will encourage and assist teachers in becoming
19knowledgeable about the technology and its uses and potential uses in education.
AB100, s. 125
20Section
125. 16.85 (15) of the statutes is created to read:
AB100,157,221
16.85
(15) Provide or contract for the provision of professional engineering,
22architectural, project management and other building construction services on
23behalf of school districts for the installation or maintenance of electrical and
24computer network wiring. The department shall assess fees for services provided
1under this subsection and shall credit all revenues received to the appropriation
2account under s. 20.505 (1) (im).
AB100, s. 126
3Section
126. 16.855 (1) of the statutes is amended to read:
AB100,157,144
16.855
(1) The department shall let by contract to the lowest qualified
5responsible bidder all construction work when the estimated construction cost of the
6project exceeds $30,000, except
for construction work authorized under s. 16.858 and
7except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm
8and the department determines that the state, foreign nation or subdivision thereof
9in which the bidder is domiciled grants a preference to bidders domiciled in that
10state, nation or subdivision in making governmental purchases, the department
11shall give a preference over that bidder to Wisconsin firms, if any, when awarding the
12contract, in the absence of compelling reasons to the contrary. The department may
13enter into agreements with states, foreign nations and subdivisions thereof for the
14purpose of implementing this subsection.
AB100, s. 127
15Section
127. 16.855 (2) (intro.) of the statutes is amended to read:
AB100,157,1816
16.855
(2) (intro.)
Whenever Except for projects authorized under s. 16.858,
17whenever the estimated construction cost of a project exceeds $30,000, or if less and
18in the best interest of the state, the department shall:
AB100, s. 128
19Section
128. 16.855 (13) (a) of the statutes is amended to read:
AB100,157,2320
16.855
(13) (a) A list of subcontractors shall not be required to be submitted
21with the bid. The department may require the
successful bidder prime contractor 22to submit in writing the names of prospective subcontractors for the department's
23approval before the award of a contract to the prime contractor.
AB100, s. 129
24Section
129. 16.855 (14) (a) of the statutes is amended to read:
AB100,158,11
116.855
(14) (a) If the estimated construction cost of a project exceeds $100,000
2and bids are required to be solicited under sub. (2), the department shall take both
3single bids and separate bids on any division of the work that it designates. If the
4estimated construction cost of a project does not exceed $100,000 and bids are
5required to be solicited under sub. (2), the department may take single bids or
6separate bids on any division of the work that it designates. If the department
7awards contracts by the division of work, the department shall award the contracts
8according to the division of work selected for bidding. Except as provided in sub.
9(10m) (a), the department shall award all contracts to the lowest qualified
10responsible bidder or bidders that result in the lowest total construction cost for the
11project.
AB100, s. 130
12Section
130. 16.855 (19) of the statutes is amended to read:
AB100,159,313
16.855
(19) As the work progresses under any contract for construction the
14department, from time to time, shall grant to the contractor an estimate of the
15amount and proportionate value of the work done, which shall entitle the contractor
16to receive the amount thereof, less the retainage, from the proper fund. On all
17construction projects, the retainage shall be an amount equal to 10% of said estimate
18until 50% of the work has been completed. At 50% completion, no additional amounts
19shall be retained, and partial payments shall be made in full to the contractor unless
20the architect or engineer certifies that the job is not proceeding satisfactorily. At 50%
21completion or any time thereafter when the progress of the work is not satisfactory,
22additional amounts may be retained but in no event shall the total retainage be more
23than 10% of the value of the work completed. Upon substantial completion of the
24work, an amount retained may be paid to the contractor. For the purposes of this
25section, estimates may include any fabricated or manufactured materials and
1components specified, previously paid for by contractor and delivered to the work or
2properly stored and suitable for incorporation in the work embraced in the contract.
3This subsection does not apply to contracts awarded under s. 16.858.
AB100, s. 131
4Section
131. 16.858 of the statutes is created to read:
AB100,159,18
516.858 Energy conservation audits and construction projects. (1) The
6department may contract with a qualified contractor for an energy conservation
7audit to be performed at any state-owned building, structure or facility. Under the
8contract, the contractor shall prepare a report containing a description of the
9physical modifications to be performed to the building, structure or facility that are
10required to effect specific future energy savings within a specified period and a
11determination of the minimum savings in energy usage that will be realized by the
12state from making these modifications. After review of the audit report and subject
13to approval under s. 13.48 (10), where required, the department may contract with
14the contractor for construction work to be performed at the building, structure or
15facility for the purpose of realizing potential savings of future energy costs identified
16in the audit if, in the judgment of the department, the anticipated savings to the state
17after completion of the work will enable recovery of the costs of the work within a
18reasonable period of time.
AB100,160,6
19(2) Any contract under sub. (1) shall require the contractor to undertake the
20construction work at its own expense. The contract shall provide for the state to pay
21a stated amount, which shall include any financing costs incurred by the contractor.
22The amount shall not exceed the minimum savings determined under the audit to
23be realized within the period specified in the audit. The state shall make payments
24under the contract as the savings identified in the audit are realized by the state, in
25the amounts actually realized, but not to exceed the stated amount. The department
1shall charge the cost of the payments to the applicable appropriation for fuel and
2utility costs at the building, structure or facility where the work is performed in the
3amounts equivalent to the savings that accrue to the state under that appropriation
4from expenditures not made as a result of the construction work, as determined by
5the department in accordance with the contract. The department may also charge
6its costs for negotiation and administration of the contract to the same appropriation.
AB100,160,8
7(3) Any contract under sub. (1) shall include a provision stating in substance
8that payments under the contract are contingent upon available appropriations.
AB100, s. 132
9Section
132. 16.865 (9) of the statutes is created to read:
AB100,160,1210
16.865
(9) Have the authority to disclose individual medical records obtained
11under s. 40.07 (2) to the department of industry, labor and job development for any
12worker's compensation proceeding under ch. 102.
AB100, s. 133
13Section
133. 16.966 of the statutes is created to read:
AB100,160,15
1416.966 Land information support. (1) In this section, "state agency" has
15the meaning given for "agency" under s. 16.045 (1) (a).
AB100,160,22
16(2) The department may assess any state agency for any amount that it
17determines to be required for support of state land information functions under s.
1816.967 and the functions of the Wisconsin land council under s. 16.023. For this
19purpose, the department may assess state agencies on a premium basis and pay costs
20incurred on an actual basis. The department shall credit all moneys received from
21state agencies under this subsection to the appropriation account under s. 20.505 (1)
22(ks).
AB100, s. 134
23Section
134. 16.967 (1) (a) of the statutes is repealed.
AB100, s. 135
24Section
135. 16.967 (1) (dm) of the statutes is created to read:
AB100,161,2
116.967
(1) (dm) "State agency" has the meaning given for "agency" under s.
216.045 (1) (a).
AB100, s. 136
3Section
136. 16.967 (3) (intro.) of the statutes is amended to read:
AB100,161,74
16.967
(3) (title)
Board duties Duties of the department. (intro.) The
board 5department shall direct and supervise the land information program and serve as
6the state clearinghouse for access to land information. In addition, the
board 7department shall:
AB100, s. 137
8Section
137. 16.967 (3) (a) to (e) of the statutes are amended to read:
AB100,161,119
16.967
(3) (a)
Provide Facilitate the provision of technical assistance and
10advice to state agencies and local governmental units with land information
11responsibilities.
AB100,161,1412
(b) Maintain and distribute an inventory of land information
and land
13information systems available
in and for this state
, land records available for this
14state and land information systems.
AB100,161,1715
(c) Prepare guidelines to coordinate the modernization
and integration of land
16records and land information systems
in and among local units of government and
17state agencies.
AB100,161,1918
(d)
Review Facilitate the review of project applications received under sub. (7)
19and determine which projects are approved.
AB100,161,2220
(e)
Review for approval a Facilitate the review of countywide
plan plans for
21land records modernization prepared under s. 59.72 (3) (b)
and determine which
22plans are approved.
AB100, s. 138
23Section
138. 16.967 (3) (f) of the statutes is created to read:
AB100,161,2524
16.967
(3) (f) Develop and maintain geographic information systems relating
25to land in this state for the use of governmental and nongovernmental units.
AB100, s. 139
1Section
139. 16.967 (4) to (6) of the statutes are amended to read:
AB100,162,52
16.967
(4) Funding report. The
board department shall identify and study
3possible program revenue sources or other revenue sources for the purpose of
4funding the operations of the
board department relating to land information,
5including grants to counties under sub. (7).
AB100,162,7
6(5) Fees. All The department shall credit all fees received under s. 59.72 (5)
7(a)
shall be credited to the appropriation
account under s. 20.505
(4) (im) (1) (i).
AB100,162,20
8(6) Reports. By
Biennially no later than March 31
, 1990, and biennially
9thereafter, the department of administration of each even-numbered year, the
10department of agriculture, trade and consumer protection, the department of
11commerce, the department of health and family services, the department of natural
12resources, the department of tourism, the department of revenue, the department of
13transportation, the board of regents of the university of Wisconsin system, the public
14service commission and the board of curators of the historical society shall each
15submit to the
board department a plan to integrate land information
maintained by
16that entity to enable such information to be readily translatable, retrievable and
17geographically referenced for use by any state, local governmental unit or public
18utility.
Biennially no later than March 31 of each even-numbered year, the
19department shall prepare a similar plan for land information maintained by the
20department.