AB100: Bill Text

AB100, s. 124 Section 124. 16.80 of the statutes is amended to read:

AB100,156,19 16.80 Purchases of computers by teachers. The department shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 16.992 (1) (c) 24.60 (1r), by public and private elementary and secondary school teachers for their private use. The department shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.

AB100, s. 125 Section 125. 16.85 (15) of the statutes is created to read:

AB100,157,2 16.85 (15) Provide or contract for the provision of professional engineering, architectural, project management and other building construction services on behalf of school districts for the installation or maintenance of electrical and computer network wiring. The department shall assess fees for services provided under this subsection and shall credit all revenues received to the appropriation account under s. 20.505 (1) (im).

AB100, s. 126 Section 126. 16.855 (1) of the statutes is amended to read:

AB100,157,14 16.855 (1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $30,000, except for construction work authorized under s. 16.858 and except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

AB100, s. 127 Section 127. 16.855 (2) (intro.) of the statutes is amended to read:

AB100,157,18 16.855 (2) (intro.) Whenever Except for projects authorized under s. 16.858, whenever the estimated construction cost of a project exceeds $30,000, or if less and in the best interest of the state, the department shall:

AB100, s. 128 Section 128. 16.855 (13) (a) of the statutes is amended to read:

AB100,157,23 16.855 (13) (a) A list of subcontractors shall not be required to be submitted with the bid. The department may require the successful bidder prime contractor to submit in writing the names of prospective subcontractors for the department's approval before the award of a contract to the prime contractor.

AB100, s. 129 Section 129. 16.855 (14) (a) of the statutes is amended to read:

AB100,158,11 16.855 (14) (a) If the estimated construction cost of a project exceeds $100,000 and bids are required to be solicited under sub. (2), the department shall take both single bids and separate bids on any division of the work that it designates. If the estimated construction cost of a project does not exceed $100,000 and bids are required to be solicited under sub. (2), the department may take single bids or separate bids on any division of the work that it designates. If the department awards contracts by the division of work, the department shall award the contracts according to the division of work selected for bidding. Except as provided in sub. (10m) (a), the department shall award all contracts to the lowest qualified responsible bidder or bidders that result in the lowest total construction cost for the project.

AB100, s. 130 Section 130. 16.855 (19) of the statutes is amended to read:

AB100,159,3 16.855 (19) As the work progresses under any contract for construction the department, from time to time, shall grant to the contractor an estimate of the amount and proportionate value of the work done, which shall entitle the contractor to receive the amount thereof, less the retainage, from the proper fund. On all construction projects, the retainage shall be an amount equal to 10% of said estimate until 50% of the work has been completed. At 50% completion, no additional amounts shall be retained, and partial payments shall be made in full to the contractor unless the architect or engineer certifies that the job is not proceeding satisfactorily. At 50% completion or any time thereafter when the progress of the work is not satisfactory, additional amounts may be retained but in no event shall the total retainage be more than 10% of the value of the work completed. Upon substantial completion of the work, an amount retained may be paid to the contractor. For the purposes of this section, estimates may include any fabricated or manufactured materials and components specified, previously paid for by contractor and delivered to the work or properly stored and suitable for incorporation in the work embraced in the contract. This subsection does not apply to contracts awarded under s. 16.858.

AB100, s. 131 Section 131. 16.858 of the statutes is created to read:

AB100,159,18 16.858 Energy conservation audits and construction projects. (1) The department may contract with a qualified contractor for an energy conservation audit to be performed at any state-owned building, structure or facility. Under the contract, the contractor shall prepare a report containing a description of the physical modifications to be performed to the building, structure or facility that are required to effect specific future energy savings within a specified period and a determination of the minimum savings in energy usage that will be realized by the state from making these modifications. After review of the audit report and subject to approval under s. 13.48 (10), where required, the department may contract with the contractor for construction work to be performed at the building, structure or facility for the purpose of realizing potential savings of future energy costs identified in the audit if, in the judgment of the department, the anticipated savings to the state after completion of the work will enable recovery of the costs of the work within a reasonable period of time.

AB100,160,6 (2) Any contract under sub. (1) shall require the contractor to undertake the construction work at its own expense. The contract shall provide for the state to pay a stated amount, which shall include any financing costs incurred by the contractor. The amount shall not exceed the minimum savings determined under the audit to be realized within the period specified in the audit. The state shall make payments under the contract as the savings identified in the audit are realized by the state, in the amounts actually realized, but not to exceed the stated amount. The department shall charge the cost of the payments to the applicable appropriation for fuel and utility costs at the building, structure or facility where the work is performed in the amounts equivalent to the savings that accrue to the state under that appropriation from expenditures not made as a result of the construction work, as determined by the department in accordance with the contract. The department may also charge its costs for negotiation and administration of the contract to the same appropriation.

AB100,160,8 (3) Any contract under sub. (1) shall include a provision stating in substance that payments under the contract are contingent upon available appropriations.

AB100, s. 132 Section 132. 16.865 (9) of the statutes is created to read:

AB100,160,12 16.865 (9) Have the authority to disclose individual medical records obtained under s. 40.07 (2) to the department of industry, labor and job development for any worker's compensation proceeding under ch. 102.

AB100, s. 133 Section 133. 16.966 of the statutes is created to read:

AB100,160,15 16.966 Land information support. (1) In this section, "state agency" has the meaning given for "agency" under s. 16.045 (1) (a).

AB100,160,22 (2) The department may assess any state agency for any amount that it determines to be required for support of state land information functions under s. 16.967 and the functions of the Wisconsin land council under s. 16.023. For this purpose, the department may assess state agencies on a premium basis and pay costs incurred on an actual basis. The department shall credit all moneys received from state agencies under this subsection to the appropriation account under s. 20.505 (1) (ks).

AB100, s. 134 Section 134. 16.967 (1) (a) of the statutes is repealed.

AB100, s. 135 Section 135. 16.967 (1) (dm) of the statutes is created to read:

AB100,161,2 16.967 (1) (dm) "State agency" has the meaning given for "agency" under s. 16.045 (1) (a).

AB100, s. 136 Section 136. 16.967 (3) (intro.) of the statutes is amended to read:

AB100,161,7 16.967 (3) (title) Board duties Duties of the department. (intro.) The board department shall direct and supervise the land information program and serve as the state clearinghouse for access to land information. In addition, the board department shall:

AB100, s. 137 Section 137. 16.967 (3) (a) to (e) of the statutes are amended to read:

AB100,161,11 16.967 (3) (a) Provide Facilitate the provision of technical assistance and advice to state agencies and local governmental units with land information responsibilities.

AB100,161,14 (b) Maintain and distribute an inventory of land information and land information systems available in and for this state, land records available for this state and land information systems.

AB100,161,17 (c) Prepare guidelines to coordinate the modernization and integration of land records and land information systems in and among local units of government and state agencies.

AB100,161,19 (d) Review Facilitate the review of project applications received under sub. (7) and determine which projects are approved.

AB100,161,22 (e) Review for approval a Facilitate the review of countywide plan plans for land records modernization prepared under s. 59.72 (3) (b) and determine which plans are approved.

AB100, s. 138 Section 138. 16.967 (3) (f) of the statutes is created to read:

AB100,161,25 16.967 (3) (f) Develop and maintain geographic information systems relating to land in this state for the use of governmental and nongovernmental units.

AB100, s. 139 Section 139. 16.967 (4) to (6) of the statutes are amended to read:

AB100,162,5 16.967 (4) Funding report. The board department shall identify and study possible program revenue sources or other revenue sources for the purpose of funding the operations of the board department relating to land information, including grants to counties under sub. (7).

AB100,162,7 (5) Fees. All The department shall credit all fees received under s. 59.72 (5) (a) shall be credited to the appropriation account under s. 20.505 (4) (im) (1) (i).

AB100,162,20 (6) Reports. By Biennially no later than March 31, 1990, and biennially thereafter, the department of administration of each even-numbered year, the department of agriculture, trade and consumer protection, the department of commerce, the department of health and family services, the department of natural resources, the department of tourism, the department of revenue, the department of transportation, the board of regents of the university of Wisconsin system, the public service commission and the board of curators of the historical society shall each submit to the board department a plan to integrate land information maintained by that entity to enable such information to be readily translatable, retrievable and geographically referenced for use by any state, local governmental unit or public utility. Biennially no later than March 31 of each even-numbered year, the department shall prepare a similar plan for land information maintained by the department.

AB100, s. 140 Section 140. 16.967 (7) (a) (intro.) of the statutes is amended to read:

AB100,162,25 16.967 (7) (a) (intro.) A county board that has established a county land information office under s. 59.72 (3) may apply to the board department on behalf of any local governmental unit, as defined in s. 59.72 (1) (c), located wholly or partially within the county for a grant for any of the following projects:

AB100, s. 141 Section 141. 16.967 (7) (b), (8) and (9) of the statutes are amended to read:

AB100,163,4 16.967 (7) (b) Grants shall be paid from the appropriation under s. 20.505 (4) (im) (1) (i). A grant under this subsection may not exceed $100,000. The board department may award more than one grant to a county board.

AB100,163,9 (8) Advice; cooperation. In carrying out its duties under this section, the board department may seek advice and assistance from the university of Wisconsin system, state agencies, local governmental units and other experts involved in collecting and managing land information. State agencies shall cooperate with the board department in the coordination of land information collection.

AB100,163,14 (9) Technical assistance; education. The board department may provide technical assistance to counties and conduct educational seminars, courses or conferences relating to land information. The board department shall charge and collect fees sufficient to recover the costs of activities authorized under this subsection.

AB100, s. 142 Section 142. 16.968 of the statutes is amended to read:

AB100,163,24 16.968 Groundwater survey and analysis. The department of administration shall allocate funds for programs of groundwater survey and analysis to the department of natural resources and the geological and natural history survey following review and approval of a mutually agreed upon division of responsibilities concerning groundwater programs between the department of natural resources and the geological and natural history survey, a specific expenditure plan and groundwater data collection standards consistent with the purposes of s. 16.967. State funds allocated under this section shall be used to match available federal funds prior to being used for solely state-funded activities.

AB100, s. 143 Section 143. 16.971 (2) (L) of the statutes is amended to read:

AB100,164,12 16.971 (2) (L) Require each executive branch agency to adopt, revise biennially, and submit for its approval, a strategic plan for the utilization of information technology to carry out the functions of the agency. As a part of each plan, the division shall require each executive branch agency to address the business needs of the agency and to identify all resources relating to information technology which the agency desires to acquire, contingent upon funding availability proposed information technology development projects that serve those business needs, the priority for undertaking such acquisitions projects and the justification for such acquisitions each project, including the anticipated benefits of the project. Each plan shall identify any changes in the functioning of the agency under the plan. The division shall consult with the joint committee on information policy in providing guidance for and scheduling of planning by executive branch agencies.

AB100, s. 144 Section 144. 16.971 (5) (b) of the statutes is amended to read:

AB100,165,3 16.971 (5) (b) The department shall award grants under par. (a) once during each fiscal year. Grants shall be awarded in accordance with criteria developed annually by the department prior to awarding of grants. No later than September 15 of each year, the department shall submit its proposed criteria for the award of grants in the following fiscal year to the cochairpersons of the joint committee on information policy. The department shall not award any grant under the criteria until the criteria are approved by the committee If the cochairpersons of the committee do not notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed criteria within 14 working days after the date of the department's submittal, the department may proceed to award grants for the following fiscal year in accordance with the proposed criteria. If, within 14 working days after the date of the department's submittal, the cochairpersons of the committee notify the department that the committee has scheduled a meeting for the purpose of reviewing the proposed criteria, the department shall not award grants for the following fiscal year until the committee approves the criteria.

AB100, s. 145 Section 145. 16.971 (5) (bp) of the statutes is amended to read:

AB100,165,7 16.971 (5) (bp) If the criteria are approved by the committee grants are authorized to be distributed under par. (bd) (b), the department shall make grant awards for each fiscal year no later than May 15 preceding that fiscal year.

AB100, s. 146 Section 146. 16.971 (5) (g) of the statutes is repealed.

AB100, s. 147 Section 147. 16.971 (9) of the statutes is amended to read:

AB100,165,17 16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the division may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 (1) (ja) and (kp). The division shall annually report to the legislature under s. 13.172 (2) concerning the division's efforts to improve and increase the efficiency of integration of justice information systems.

AB100, s. 148 Section 148. 16.974 (7) of the statutes is created to read:

AB100,165,21 16.974 (7) Coordinate with the technology for educational achievement in Wisconsin board to provide school districts with telecommunications access under s. 196.218 (4r) and contract with telecommunications providers to provide such access.

AB100, s. 149 Section 149. 16.98 (1) of the statutes is amended to read:

AB100,166,7 16.98 (1) The department shall engage in such activities as the secretary deems necessary to ensure the maximum utilization of federal resources by state agencies and institutions and other eligible organizations and units of government, including community development corporations as defined in s. 234.94 (2). The department shall acquire excess and surplus real and personal property at such cost to the recipient as is necessary to amortize expenditures for transportation, packing, crating, handling and program overhead, except that the department shall transfer any excess or surplus personal property to the department of tourism, upon request of the department of tourism, at no cost, subject to any limitation or restriction imposed by federal law.

AB100, s. 150 Section 150. Subchapter IX (title) of chapter 16 [precedes 16.99] of the statutes is amended to read:

AB100,166,10 Chapter 16

AB100,166,13 Subchapter IX Telecommunications and instructional technology

AB100, s. 151 Section 151. 16.992 of the statutes is repealed.

AB100, s. 152 Section 152. 17.025 (4) (d) of the statutes is amended to read:

AB100,166,20 17.025 (4) (d) Attorney general; state superintendent. When the temporary vacancy exists in the office of attorney general or in the office of secretary of education state superintendent of public instruction, the duties of the office shall be assumed, respectively, by the deputy under s. 15.04 (2) or, if such office is vacant, by a deputy appointed by the governor.

AB100, s. 153 Section 153. 17.26 (4) of the statutes is amended to read:

AB100,166,24 17.26 (4) In boards where the first annual meeting of the district has failed to elect school board members, by appointment by the secretary of education state superintendent of public instruction.

AB100, s. 154 Section 154. 18.06 (9) of the statutes is amended to read:

AB100,167,5 18.06 (9) (title) Clean water fund program bonds. Notwithstanding sub. (4), the sale of bonds under this subchapter to provide revenue for the clean water fund program may be a private sale to the clean water environmental improvement fund under s. 25.43, if the bonds sold are held or owned by the clean water environmental improvement fund, or a public sale, as provided in the authorizing resolution.

AB100, s. 155 Section 155. 18.57 (3) of the statutes is amended to read:

AB100,167,14 18.57 (3) Moneys in such funds may be commingled only for the purpose of investment with other public funds, but they shall be invested only in investment instruments permitted in s. 25.17 (3) (dg) or in clean water environmental improvement fund investment instruments permitted in s. 281.59 (2m). All such investments shall be the exclusive property of such fund and all earnings on or income from investments shall be credited to such fund and shall become available for any of the purposes under sub. (2) and for the payment of interest on related revenue obligations.

AB100, s. 156 Section 156. 19.36 (7) (b) of the statutes is amended to read:

AB100,167,23 19.36 (7) (b) Every applicant for a position with any authority may indicate in writing to the authority that the applicant does not wish the authority to reveal his or her identity. Except with respect to an applicant whose name is certified for appointment to a position in the state classified service or a final candidate, if an applicant makes such an indication in writing, the authority shall not provide access to any record related to the application that may reveal the identity of the applicant. This paragraph does not apply to a request for access to a record by the department of industry, labor and job development under s. 49.22 (2m).

AB100, s. 157 Section 157. 19.36 (8) (b) of the statutes is amended to read:

AB100,168,13 19.36 (8) (b) If an authority that is a law enforcement agency receives a request to inspect or copy a record or portion of a record under s. 19.35 (1) (a) that contains specific information including but not limited to a name, address, telephone number, voice recording or handwriting sample which, if disclosed, would identify an informant, the authority shall delete the portion of the record in which the information is contained or, if no portion of the record can be inspected or copied without identifying the informant, shall withhold the record unless the legal custodian of the record, designated under s. 19.33, makes a determination, at the time that the request is made, that the public interest in allowing a person to inspect, copy or receive a copy of such identifying information outweighs the harm done to the public interest by providing such access. This paragraph does not apply to a request for access to a record by the department of industry, labor and job development under s. 49.22 (2m).

AB100, s. 158 Section 158. 19.42 (10) (L) of the statutes is amended to read:

AB100,168,17 19.42 (10) (L) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.

AB100, s. 159 Section 159. 19.42 (13) (k) of the statutes is amended to read:

AB100,168,21 19.42 (13) (k) The executive director, executive assistant to the executive director, internal auditor, chief investment officer, chief financial officer, chief legal counsel, chief risk officer and investment directors of the investment board.

AB100, s. 160 Section 160. 19.45 (3) of the statutes is amended to read:

AB100,169,3 19.45 (3) (a) No person may offer or give to a state public official, directly or indirectly, and no state public official may solicit or accept from any person, directly or indirectly, anything of value if it could reasonably be expected to influence the state public official's vote, official actions or judgment, or could reasonably be considered as a reward for any official action or inaction on the part of the state public official.

AB100,169,5 (b) This subsection does not prohibit a state public official from engaging in outside employment.

AB100, s. 161 Section 161. 19.45 (3) (c) of the statutes is created to read:

AB100,169,10 19.45 (3) (c) This subsection does not apply to the offer or gift to a state public official who administers the endangered resources program, as defined in s. 71.10 (5) (a) 2., or to the solicitation or acceptance by such an official, of anything of value for the benefit of that program.

AB100, s. 162 Section 162. 19.55 (2) (intro.) of the statutes is amended to read:

AB100,169,14 19.55 (2) (intro.) The Except as requested by the department of industry, labor and job development under s. 49.22 (2m), the following records in the board's possession are not open for public inspection:

AB100, s. 163 Section 163. 19.55 (2) (d) of the statutes is created to read: