SB45: Bill Text

SB45, s. 72 Section 72. 16.505 (1) (intro.) of the statutes is amended to read:

SB45,142,4 16.505 (1) (intro.) Except as provided in subs. (2), (2m) and, (2n) and (4), no position, as defined in s. 230.03 (11), regardless of funding source or type, may be created or abolished unless authorized by one of the following:

SB45, s. 73 Section 73. 16.505 (4) (b) of the statutes is amended to read:

SB45,142,9 16.505 (4) (b) Except as provided in par. pars. (c) and (d), no agency may change the funding source for a position authorized under this section unless the position is authorized to be created under a different funding source in accordance with this section.

SB45, s. 74 Section 74 . 16.505 (4) (b) of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,142,15 16.505 (4) (b) Except as provided in pars. par. (c) and (d), no agency may change the funding source for a position authorized under this section unless the position is authorized to be created under a different funding source in accordance with this section.

SB45, s. 75 Section 75. 16.505 (4) (d) of the statutes is created to read:

SB45,143,6 16.505 (4) (d) During the period beginning on the effective date of this paragraph .... [revisor inserts date], and ending on June 30, 2001, or on the date of publication of the 2001-03 biennial budget act, whichever is later, the department may change the funding source for any position that is funded in whole or in part from program revenues or program revenues-service under any paragraph specified in s. 20.505 (1), (2), (5), (7) or (8) to any other paragraph specified in s. 20.505 (1), (2), (5), (7) or (8) that is funded from program revenues or program revenues-service. Any change in the funding source for a position made under this paragraph remains in effect after the period specified in this paragraph unless changed in accordance with this section. No later than the last day of the month following the completion of each calendar quarter, the secretary of administration shall report to the cochairpersons of the joint committee on finance concerning any positions for which the funding source has been changed under this paragraph during the preceding calendar quarter. The report shall include, for each position, the position type and the previous and current paragraph from which the position is funded.

SB45, s. 76 Section 76. 16.52 (6) (a) of the statutes is amended to read:

SB45,143,17 16.52 (6) (a) Except as authorized in s. ss. 16.74 and 16.745, all purchase orders, contracts, or printing orders for any agency as defined in s. 16.70 (1) shall, before any liability is incurred thereon, be submitted to the secretary for his or her approval as to legality of purpose and sufficiency of appropriated and allotted funds therefor. In all cases the date of the a purchasing contract or order governs the fiscal year to which the contract or order is chargeable, unless the secretary determines that the purpose of the contract or order is to prevent lapsing of appropriations or to otherwise circumvent budgetary intent. Upon Whenever such approval is required, the secretary, upon granting approval, shall immediately encumber all contracts or orders, and indicate the fiscal year to which they are chargeable.

SB45, s. 77 Section 77. 16.528 (3) (f) of the statutes is created to read:

SB45,143,20 16.528 (3) (f) The failure to pay timely due to an occurrence to which s. 893.83 applies.

SB45, s. 78 Section 78. 16.54 (2) (a) 2. of the statutes is amended to read:

SB45,144,13 16.54 (2) (a) 2. Whenever a block grant is made to this state under any federal law enacted after August 31, 1995, which authorizes the distribution of block grants for the purposes for which the grant is made, the governor shall not administer and no board, commission or department may encumber or expend moneys received as a part of the grant unless the governor first notifies the cochairpersons of the joint committee on finance, in writing, that the grant has been made. The notice shall contain a description of the purposes proposed by the governor for expenditure of the moneys received as a part of the grant. If the cochairpersons of the committee do not notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys within 14 working days after the date of the governor's notification, the moneys may be expended as proposed by the governor. If, within 14 working days after the date of the governor's notification, the cochairpersons of the committee notify the governor that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure of grant moneys, no moneys received as a part of the grant may be expended without the approval of the committee. This subdivision does not apply to the expenditure of block grant funds that are allocated under s. 49.175.

SB45, s. 79 Section 79. 16.54 (12) of the statutes is created to read:

SB45,144,19 16.54 (12) (a) The department of health and family services may not expend or encumber any moneys received under s. 20.435 (8) (mm) unless the department of health and family services submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

SB45,144,23 (b) The department of workforce development may not expend or encumber any moneys received under s. 20.445 (3) (mm) unless the department of workforce development submits a plan for the expenditure of the moneys to the department of administration and the department of administration approves the plan.

SB45,145,2 (c) The department of administration may approve any plan submitted under par. (a) or (b) in whole or in part. If the department approves any such plan in whole or part, the department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.

SB45,145,9 (d) At the end of each fiscal year, the department of administration shall determine the amount of moneys that remain in the appropriation accounts under ss. 20.435 (8) (mm) and 20.445 (3) (mm) that have not been approved for encumbrance or expenditure by the department pursuant to a plan submitted under par. (a) or (b) and shall require that such moneys be lapsed to the general fund. The department shall notify the cochairpersons of the joint committee on finance, in writing, of the department's action under this paragraph.

SB45, s. 80 Section 80. 16.62 (2) of the statutes is amended to read:

SB45,145,14 16.62 (2) The department may establish user charges for records storage and retrieval services, with any moneys collected to be credited to the appropriation account under s. 20.505 (1) (im) or (kd) (ka). Such charges shall be structured to encourage efficient utilization of the services.

SB45, s. 81 Section 81. 16.62 (3) of the statutes is amended to read:

SB45,145,18 16.62 (3) The department may establish user fees for the services of the public records board. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kd) (ka).

SB45, s. 82 Section 82. 16.71 (1) of the statutes is amended to read:

SB45,146,4 16.71 (1) Except as otherwise required under this section or as authorized in s. ss. 16.74 and 16.745, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.

SB45, s. 83 Section 83. 16.72 (4) (a) of the statutes is amended to read:

SB45,146,16 16.72 (4) (a) Except as provided in s. ss. 16.74 and 16.745 or as otherwise provided in this subchapter and the rules promulgated under s. 16.74 and this subchapter, all supplies, materials, equipment and contractual services shall be purchased for and furnished to any agency only upon requisition to the department. The department shall prescribe the form, contents, number and disposition of requisitions and shall promulgate rules as to time and manner of submitting such requisitions for processing. No agency or officer may engage any person to perform contractual services without the specific prior approval of the department for each such engagement. Purchases of supplies, materials, equipment or contractual services by the investment board or by the legislature, the courts or legislative service or judicial branch agencies do not require approval under this paragraph.

SB45, s. 84 Section 84. 16.72 (6) and (7) of the statutes are repealed.

SB45, s. 85 Section 85. 16.745 of the statutes is created to read:

SB45,146,24 16.745 Investment board purchasing. (1) The investment board may place requisitions and enter into contracts for the purchase of any materials, supplies, equipment or services required by the board. The investment board shall maintain copies of all purchasing requisitions and contracts, and shall permit inspection and copying of the requisitions and contracts under subch. II of ch. 19. No such requisition or contract need be filed with the department.

SB45,147,5 (2) The investment board shall file all bills and statements for purchases and engagements made by the board with the secretary, who shall audit and authorize payment of all lawful bills and statements. No bill or statement for any purchase or engagement for the investment board may be paid until the bill or statement is approved by the board.

SB45,147,11 (3) The department, upon request, shall make recommendations and furnish assistance to the investment board regarding purchasing procedure. The department, upon request, shall process requisitions for purchases submitted by the investment board and shall procure materials, supplies, equipment, property and services for the board in accordance with the purchasing procedure prescribed for executive branch agencies under this subchapter.

SB45,147,13 (4) All stationery and printing purchased by the investment board shall be procured from the lowest responsible bidder.

SB45, s. 86 Section 86. 16.75 (1) (a) 2. of the statutes is amended to read:

SB45,147,23 16.75 (1) (a) 2. If a vendor is not a Wisconsin producer, distributor, supplier or retailer and the department determines that the state, foreign nation or subdivision thereof in which the vendor is domiciled grants a preference to vendors domiciled in that state, nation or subdivision in making governmental purchases, the department and any agency making purchases under s. 16.74 or 16.745 shall give a preference over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any, when awarding the order or contract. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subdivision.

SB45, s. 87 Section 87. 16.75 (3m) (b) of the statutes is amended to read:

SB45,148,11 16.75 (3m) (b) The department and any agency making purchases under s. 16.74 or 16.745 shall attempt to ensure that 5% of the total amount expended under this subchapter in each fiscal year is paid to minority businesses. Except as provided under sub. (7), the department may purchase materials, supplies, equipment and contractual services from any minority business submitting a qualified responsible competitive bid that is no more than 5% higher than the apparent low bid or competitive proposal that is no more than 5% higher than the most advantageous offer. In administering the preference for minority businesses established in this paragraph, the department and any agency making purchases under s. 16.74 or 16.745 shall maximize the use of minority businesses which are incorporated under ch. 180 or which have their principal place of business in this state.

SB45, s. 88 Section 88. 16.75 (8) (a) 1. of the statutes is amended to read:

SB45,148,18 16.75 (8) (a) 1. The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 or 16.745 and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and recovered materials.

SB45, s. 89 Section 89. 16.75 (9) of the statutes is amended to read:

SB45,148,24 16.75 (9) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 or 16.745 and any authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).

SB45, s. 90 Section 90. 16.752 (12) (a) of the statutes is amended to read:

SB45,149,3 16.752 (12) (a) Except as provided in pars. (c), (d), (h) and, (i) and (j) and as authorized under sub. (13), agencies shall obtain materials, supplies, equipment and services on the list maintained by the board under sub. (2) (g).

SB45, s. 91 Section 91. 16.752 (12) (j) of the statutes is created to read:

SB45,149,8 16.752 (12) (j) The secretary may, upon request of an agency, waive compliance with par. (a) with respect to any purchase to be made by or for that agency if the secretary determines that compliance with par. (a) would contravene competitive requirements under federal law or regulations applicable to that purchase.

SB45, s. 92 Section 92. 16.76 (1) of the statutes is amended to read:

SB45,149,16 16.76 (1) All contracts for materials, supplies, equipment or contractual services to be provided to any agency shall run to the state of Wisconsin. Such contracts shall be signed by the secretary or an individual authorized by the secretary, except that contracts entered into by the investment board shall be signed by an individual authorized by the board and contracts entered into directly by the legislature, the courts or a legislative service or judicial branch agency shall be signed by an individual authorized under s. 16.74 (2) (b).

SB45, s. 93 Section 93. 16.76 (4) (a) of the statutes is amended to read:

SB45,149,21 16.76 (4) (a) In this subsection, "master lease" means an agreement entered into by the department on behalf of one or more agencies for the lease of goods or the provision of to obtain property or services under which the department makes or agrees to make periodic payments.

SB45,150,4 (ag) The department may act on behalf of one or more agencies or municipalities. The department may pay or agree to pay to the lessor under a master lease a sum substantially equivalent to or in excess of the aggregate value of goods involved property or services obtained and it may be agreed that the department or one or more agencies or municipalities will become, or for no other or nominal consideration has the option to become, the owner of goods leased or to be leased property obtained or to be obtained under a master lease upon full compliance with the its terms of the agreement.

SB45, s. 94 Section 94. 16.76 (4) (ar) of the statutes is created to read:

SB45,150,12 16.76 (4) (ar) Any master lease entered into by the department on behalf of a municipality under this subsection may be used only to obtain property or services related to public safety functions of the municipality. The department shall enter into an instalment sales contract with a municipality with respect to any property or services obtained by the municipality under a master lease. The municipality shall issue a general obligation promissory note to the department as security for any such property or services obtained or to be obtained.

SB45, s. 95 Section 95. 16.76 (4) (b) of the statutes is amended to read:

SB45,150,18 16.76 (4) (b) The Except as provided in par. (h), the department may enter into a master lease whenever the department determines that it is advantageous to the state to do so. If the master lease provides for payments to be made by the state from moneys that have not been appropriated at the time that the master lease is entered into, the master lease shall contain the statement required under s. 16.75 (3).

SB45, s. 96 Section 96. 16.76 (4) (c) of the statutes is amended to read:

SB45,151,2 16.76 (4) (c) Payments under a master lease may include interest payable at a fixed or variable rate as the master lease may provide. The department may enter into agreements and ancillary arrangements which the department determines to be necessary to facilitate the use of a master lease, including liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, interest rate guaranty agreements, reimbursement agreements and indexing agreements.

SB45, s. 97 Section 97. 16.76 (4) (e) of the statutes is amended to read:

SB45,151,7 16.76 (4) (e) The department may grant the lessor a perfected security interest in goods leased property obtained or to be leased obtained under each a master lease. The department shall record and preserve evidence of the security interest in its offices at all times during which the master lease is in effect.

SB45, s. 98 Section 98. 16.76 (4) (f) of the statutes is amended to read:

SB45,151,21 16.76 (4) (f) The department may appoint one or more fiscal agents for each master lease. Each fiscal agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do business as a banking or trust company. Sections 16.705 and 16.75 do not apply to contracts for fiscal agent services. The department shall periodically require competitive proposals, under procedures established by the department, for fiscal agent services under this paragraph. There may be deposited with a fiscal agent, in a special account for such purpose only, a sum estimated to be sufficient to enable the fiscal agent to make all payments which will come due under the master lease not more than 15 days after the date of deposit. The department may make such other provisions respecting fiscal agents as it considers necessary or useful and may enter into a contract with any fiscal agent containing such terms, including compensation, and conditions in regard to the fiscal agent as it considers necessary or useful.

SB45, s. 99 Section 99. 16.76 (4) (g) of the statutes is created to read:

SB45,151,24 16.76 (4) (g) Sections 16.705 and 16.75 do not apply to agreements or ancillary agreements under par. (c) or contracts for fiscal agent services under par. (f).

SB45, s. 100 Section 100. 16.76 (4) (h) of the statutes is created to read:

SB45,152,3 16.76 (4) (h) A master lease may not be used to obtain a facility for use or occupancy by the state or an agency or instrumentality of the state or to obtain an internal improvement.

SB45, s. 101 Section 101. 16.76 (4) (i) of the statutes is created to read:

SB45,152,9 16.76 (4) (i) A master lease may not provide that the right of the department or any other agency to obtain property or services under the lease depends on payments to be made by a municipality for property or services obtained by the municipality under the lease unless the obligation of the municipality to make those payments constitutes a general obligation.

SB45, s. 102 Section 102. 16.76 (4) (j) of the statutes is created to read:

SB45,152,14 16.76 (4) (j) If a master lease is used to finance payments to be made under an energy conservation construction project as provided in s. 16.858 (2), payments under the lease may not be conditioned upon any payment required to be made by the contractor pursuant to an energy conservation audit.

SB45, s. 103 Section 103. 16.77 (1) of the statutes is amended to read:

SB45,152,23 16.77 (1) No bill or statement for work or labor performed under purchase orders or contracts issued by the secretary or the secretary's designated agents, and no bill or statement for supplies, materials, equipment or contractual services purchased for and delivered to any agency may be paid until the bill or statement is approved through a preaudit or postaudit process determined by the secretary. This subsection does not apply to purchases made by the investment board or to purchases made directly by the courts, the legislature or a legislative service or judicial branch agency under s. 16.74.

SB45, s. 104 Section 104. 16.78 (1) of the statutes is amended to read:

SB45,153,8 16.78 (1) Every agency other than the board of regents of the university of Wisconsin system or an agency making purchases under s. 16.74 or 16.745 shall purchase all computer services from the division of information technology services in the department of administration, unless the division grants written authorization to the agency to procure the services under s. 16.75 (1), to purchase the services from another agency or to provide the services to itself. The board of regents of the university of Wisconsin system may purchase computer services from the division of information technology services.

SB45, s. 105 Section 105. 16.84 (14) of the statutes is amended to read:

SB45,153,12 16.84 (14) Provide interagency mail delivery service for agencies, as defined in s. 16.70 (1). The department may charge agencies for this service. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kd) (ka).

SB45, s. 106 Section 106. 16.858 (2) of the statutes is renumbered 16.858 (2) (a) and amended to read:

SB45,154,6 16.858 (2) (a) Any A contract under sub. (1) shall require may provide for the construction work to be financed by the state or by the contractor to undertake the construction work at its own expense. The contract shall provide for the state to pay a maximum stated amount, which shall include any financing costs incurred by the contractor. The maximum stated amount may not exceed the minimum savings determined under the audit to be realized by the state 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 lesser of the maximum stated amount or the actual amount of the savings realized by the state within the period specified in the audit. If the department provides financing for construction work, the department may finance any portion of the cost of the work under a master lease entered into as provided under s. 16.76 (4). If the department provides financing for the construction work and the stated amount to be paid by the state under the contract is greater than the amount of the savings realized by the state within the period specified in the audit under sub. (1), the contract shall require the contractor to remit the difference to the department.

SB45,154,14 (b) The department shall charge the cost of the payments made by the state to the contractor 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 and financing of the contract to the same appropriation.

SB45, s. 107 Section 107. 16.858 (4) of the statutes is amended to read:

SB45,155,2 16.858 (4) No later than January 1 of each year, the secretary shall report to the cochairpersons of the joint committee on finance identifying any construction work for which the department has contracted under this section for which the state has not made its final payment has not been made as of the date of the preceding report, together with the actual energy cost savings realized by the state as a result of the contract to date, or the estimated energy cost savings to be realized by the state if the total savings to be realized in the audit under sub. (1) have not yet been realized, and the date on which the state made its final payment under the contract or, if the final payment has not been made, the latest date on which the state is obligated to make its final payment under the contract, and any amount that remains payable to the state under the contract.

SB45, s. 108 Section 108. 16.952 of the statutes is created to read:

SB45,155,6 16.952 Planning grants to local governmental units. (1) In this section, "local governmental unit" means a county, city, village, town or regional planning commission.

SB45,155,18 (2) From the appropriation under s. 20.505 (1) (z), the department may provide grants to local governmental units to be used to finance the cost of planning activities, including contracting for planning consultant services, public planning sessions and other planning outreach and educational activities, or for the purchase of computerized planning data, planning software or the hardware required to utilize that data or software. The department shall require any local governmental unit that receives a grant under this section to finance at least 20% of the cost of the product or service to be funded by the grant from the resources of the local governmental unit. Prior to awarding a grant under this section, the department shall forward a detailed statement of the proposed expenditures to be made under the grant to the secretary of transportation and obtain his or her written approval of the proposed expenditures.

SB45, s. 109 Section 109. 16.956 of the statutes is repealed.

SB45, s. 110 Section 110. 16.964 (6) of the statutes is created to read:

SB45,155,22 16.964 (6) (a) In this subsection, "tribe" means a federally recognized American Indian tribe or band in this state.

SB45,156,5 (b) From the appropriation under s. 20.505 (6) (ks), the office shall provide grants to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the office that includes a proposed plan for expenditure of the grant moneys. The office shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (b). The office shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.

SB45,156,8 (c) The office shall develop criteria and procedures for use in administering this subsection. Notwithstanding s. 227.10 (1), the criteria need not be promulgated as rules under ch. 227.

SB45, s. 111 Section 111. 16.966 (3) of the statutes is amended to read:

SB45,156,14 16.966 (3) The department shall develop and maintain a computer-based Wisconsin land information system and may develop and maintain other geographic information systems relating to land in this state for the use of governmental and nongovernmental units. In conjunction with the land information system, the department may conduct soil surveys and soil mapping activities.