SB40: Bill Text

SB40,92,5 16.75 (6) (bm) If the secretary determines that it is in the best interest of this state to do so, he or she may waive any requirement under subs. (1) to (5) and ss. 16.705 and 16.72 (2) (e) and (f) and (5) with respect to any contract entered into by the department of workforce development children and families under s. 49.143, if the department of workforce development children and families presents the secretary with a process for the procurement of contracts under s. 49.143 and the secretary approves the process.

SB40, s. 104 Section 104. 16.765 (1) of the statutes is amended to read:

SB40,92,16 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB40, s. 105 Section 105. 16.765 (2) of the statutes is amended to read:

SB40,93,9 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

SB40, s. 106 Section 106. 16.765 (4) of the statutes is amended to read:

SB40,93,16 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

SB40, s. 107 Section 107. 16.765 (5) of the statutes is amended to read:

SB40,94,7 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, and the Bradley Center Sports and Entertainment Corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.

SB40, s. 108 Section 108. 16.765 (6) of the statutes is amended to read:

SB40,94,16 16.765 (6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

SB40, s. 109 Section 109. 16.765 (7) (intro.) of the statutes is amended to read:

SB40,95,2 16.765 (7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation shall:

SB40, s. 110 Section 110. 16.765 (7) (d) of the statutes is amended to read:

SB40,95,9 16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation.

SB40, s. 111 Section 111. 16.765 (8) of the statutes is amended to read:

SB40,96,2 16.765 (8) If further violations of this section are committed during the term of the contract, the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation may permit the violating party to complete the contract, after complying with this section, but thereafter the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation shall request the department to place the name of the party on the ineligible list for state contracts, or the contracting agency, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Health Insurance Risk-Sharing Plan Authority, the Healthy Wisconsin Authority, or the Bradley Center Sports and Entertainment Corporation may terminate the contract without liability for the uncompleted portion or any materials or services purchased or paid for by the contracting party for use in completing the contract.

SB40, s. 112 Section 112. 16.771 of the statutes is created to read:

SB40,96,10 16.771 False claims. Whoever knowingly presents or causes to be presented a false claim for payment under any contract or order for materials, supplies, equipment, or contractual services to be provided to an agency shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this section.

SB40, s. 113 Section 113. 16.848 (2) (gc), (gg), (gn), (gr), (gt) and (gw) of the statutes are created to read:

SB40,96,14 16.848 (2) (gc) Subsection (1) does not apply to property that is subject to sale by the department of military affairs under s. 21.19 (3) or 21.42 (3).

SB40,96,16 (gg) Subsection (1) does not apply to property that is conveyed by the department of corrections under s. 301.25.

SB40,96,18 (gn) Subsection (1) does not apply to property that is subject to sale by the state under 20.909 (2).

SB40,96,20 (gr) Subsection (1) does not apply to land that is sold or traded by the Kickapoo reserve management board under s. 41.41 (7).

SB40,96,22 (gt) Subsection (1) does not apply to property that is donated by the department of transportation under s. 84.09 (5r).

SB40,96,24 (gw) Subsection (1) does not apply to the sale of property by the department of health and family services under s. 51.06 (6).

SB40, s. 114 Section 114. 16.848 (4) of the statutes is amended to read:

SB40,97,16 16.848 (4) Except as provided in s. 13.48 (14) (e), if there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under sub. (1), the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was acquired, constructed, or improved with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If the property was acquired by gift or grant or acquired with gift or grant funds, the department shall adhere to any restriction governing use of the proceeds. Except as required under sub. (5m) and ss. 13.48 (14) (e), 20.395 (9) (qd), and 51.06 (6), if there is no such debt outstanding, there are no moneys payable to the federal government, and there is no restriction governing use of the proceeds, and if the net proceeds exceed the amount required to be deposited, paid, or used for another purpose under this subsection, the department shall deposit the net proceeds or remaining net proceeds in the general fund.

SB40, s. 115 Section 115. 16.85 (2) of the statutes is amended to read:

SB40,98,2 16.85 (2) To furnish engineering, architectural, project management, and other building construction services whenever requisitions therefor are presented to the department by any agency. The department may deposit moneys received from the provision of these services in the account under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned. In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234, or 237, or 238.

SB40, s. 116 Section 116. 16.865 (8) of the statutes is amended to read:

SB40,98,18 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, "agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233, 234, 235, or 237, or 238.

SB40, s. 117 Section 117. 16.871 of the statutes is created to read:

SB40,98,20 16.871 False claims. (1) In this section:

SB40,98,21 (a) "Agency" has the meaning given in s. 16.70 (1e).

SB40,98,22 (b) "Construction work" has the meaning given in s. 16.87 (1) (a).

SB40,98,23 (c) "Limited trades work" has the meaning given in s. 16.70 (7).

SB40,99,5 (2) Whoever knowingly presents or causes to be presented a false claim under any contract for construction work or limited trades work, or for engineering or architectural services, to be provided to any agency shall forfeit not less than $5,000 nor more than $10,000, plus 3 times the amount of the damages that were sustained by the state or would have been sustained by the state, whichever is greater, as a result of the false claim. The attorney general may bring an action on behalf of the state to recover any forfeiture incurred under this subsection.

SB40, s. 118 Section 118. 16.957 (3) (a) of the statutes is amended to read:

SB40,99,10 16.957 (3) (a) The department shall, on the basis of competitive bids, contract with community action agencies described in s. 46.30 49.265 (2) (a) 1., nonstock, nonprofit corporations organized under ch. 181, or local units of government to provide services under the programs established under sub. (2) (a).

SB40, s. 119 Section 119. 16.964 (1) (f) of the statutes is repealed.

SB40, s. 120 Section 120. 16.964 (3) of the statutes is amended to read:

SB40,99,14 16.964 (3) The governor shall appoint an executive director under s. 15.105 (19) (a) outside of the classified service.

SB40, s. 121 Section 121. 16.964 (5m) of the statutes is created to read:

SB40,99,20 16.964 (5m) The office shall provide grants from the appropriation under s. 20.505 (6) (f) to 1st class cities to employ additional uniformed law enforcement officers. For each year that a city receives a grant, the city shall provide matching funds of at least 25 percent of the amount of the grant. The office may provide grants under this section in addition to any grant that it provides under sub. (5).

SB40, s. 122 Section 122. 16.964 (10) of the statutes is repealed.

SB40, s. 123 Section 123. 16.964 (12) (c) 10. of the statutes is amended to read:

SB40,99,25 16.964 (12) (c) 10. The program is developed with input from, and implemented in collaboration with, one or more circuit court judges, the district attorney, the state public defender, local law enforcement officials, county agencies responsible for providing social services, including services relating to alcohol and other drug addiction, child welfare, mental health, and the Wisconsin Works program, the departments of corrections, children and families, and health and family services, private social services agencies, and substance abuse treatment providers.

SB40, s. 124 Section 124. 16.964 (12) (e) 1. of the statutes is amended to read:

SB40,100,16 16.964 (12) (e) 1. A county that receives a grant under this subsection shall create an oversight committee to advise the county in administering and evaluating its program. Each committee shall consist of a circuit court judge, the district attorney or his or her designee, the state public defender or his or her designee, a local law enforcement official, a representative of the county, a representative of each other county agency responsible for providing social services, including services relating to child welfare, mental health, and the Wisconsin Works program, representatives of the departments of corrections, children and families, and health and family services, a representative from private social services agencies, a representative of substance abuse treatment providers, and other members to be determined by the county.

SB40, s. 125 Section 125. 16.964 (13) of the statutes is created to read:

SB40,100,19 16.964 (13) (a) The bureau of criminal justice research shall do all of the following:

SB40,100,21 1. Serve as a clearinghouse of justice system data and information and conduct justice system research and data analysis under this section.

SB40,101,4 8. Not later than the first day of the 12th month beginning after the effective date of this subdivision .... [revisor inserts date], and biennially thereafter, prepare a report containing statewide statistics on standard sentences for each felony offense and how the standard sentences of each circuit court compare to the statistics on the sentences for its respective region and how the standard sentences of each circuit court compare to the statistics on the sentences for the state. The report shall be distributed to the appropriate standing committees of the legislature in the manner provided under s. 13.172 (3), to the governor, and to the director of state courts.

SB40,101,6 (b) The executive director shall appoint a staff director under s. 15.105 (19) (b) outside of the classified service.

SB40, s. 126 Section 126. 16.964 (14) of the statutes is created to read:

SB40,101,12 16.964 (14) Annually, the office shall pay the amount appropriated under s. 20.505 (6) (e) to the Wisconsin Trust Account Foundation, Inc., to provide civil legal services to indigent persons. The Wisconsin Trust Account Foundation, Inc., shall distribute the amount received as grants to programs that provide civil legal services to indigent persons. The grants may be used only for the following civil legal services:

SB40,101,14 (a) Serving as guardian ad litem for cases with the bureau of Milwaukee child welfare of the department of health and family services.

SB40,101,15 (b) Coordinating insurance benefits for medical assistance recipients.

SB40,101,17 (c) Assisting Wisconsin Works participants in applying for supplemental security income program benefits.

SB40,101,19 (d) Obtaining and enforcing child support, including legal services related to domestic abuse.

SB40,101,21 (e) Developing discharge plans for mentally ill inmates and assisting those inmates in their community integration planning.

SB40,101,22 (f) Providing ancillary services to juvenile offenders.

SB40, s. 127 Section 127 . 16.964 (14) (a) of the statutes, as created by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,102,3 16.964 (14) (a) Serving as guardian ad litem for cases with the bureau of Milwaukee child welfare of the department of health and family services children and families.

SB40, s. 128 Section 128. 16.971 (2) (cf) of the statutes is created to read:

SB40,102,14 16.971 (2) (cf) Implement, operate, maintain, and upgrade an integrated business information system capable of providing information technology services to all agencies and authorities in the areas of accounting, auditing, payroll and other financial services; procurement; human resources; and other administrative processes. The department may provide information technology services under this subsection to any agency or authority or local governmental unit as the department considers to be appropriate and as the department can efficiently and economically provide. The department may charge agencies, authorities, and local governmental units for information technology services provided to them under this subsection in accordance with a methodology determined by the department.

SB40, s. 129 Section 129. 16.997 (6) of the statutes is repealed.

SB40, s. 130 Section 130. 17.07 (3m) of the statutes is amended to read:

SB40,102,18 17.07 (3m) Notwithstanding sub. (3), the parole earned release review commission chairperson may be removed by the governor, at pleasure.

SB40, s. 131 Section 131. 17.13 (intro.) of the statutes is amended to read:

SB40,102,23 17.13 Removal of village, town, town sanitary district, school district, and technical college and family care district officers. (intro.) Officers of towns, town sanitary districts, villages, school districts, and technical college districts and family care districts may be removed as follows:

SB40, s. 132 Section 132. 17.13 (4) of the statutes is repealed.

SB40, s. 133 Section 133. 17.15 (5) of the statutes is amended to read:

SB40,103,3 17.15 (5) Family Long-term care district. Any member of a family long-term care district governing board appointed under s. 46.2895 (3) (a) 2. may be removed by the appointing authority for cause.

SB40, s. 134 Section 134. 17.27 (3m) of the statutes is amended to read:

SB40,103,8 17.27 (3m) Family Long-term care district board. If a vacancy occurs in the position of any appointed member of a family long-term care district board, the appointing authority shall appoint to serve for the residue of the unexpired term a person who meets the applicable requirements under s. 46.2895 (3) (b).

SB40, s. 135 Section 135. 18.01 (1) of the statutes is renumbered 18.01 (1m).

SB40, s. 136 Section 136. 18.01 (1e) of the statutes is created to read:

SB40,103,12 18.01 (1e) "Aggregate expected debt service and net exchange payments" means the sum of the following:

SB40,103,14 (a) The aggregate net payments expected to be made and received under a specified interest exchange agreement under s. 18.06 (8) (a).

SB40,103,16 (b) The aggregate debt service expected to be made on bonds related to that agreement.

SB40,103,19 (c) The aggregate net payments expected to be made and received under all other interest exchange agreements under s. 18.06 (8) (a) relating to those bonds that are in force at the time of executing the agreement.

SB40, s. 137 Section 137. 18.01 (4) (intro.) of the statutes is amended to read:

SB40,103,23 18.01 (4) (intro.) "Public debt" or "debt" means every voluntary, unconditional undertaking by the state, other than an operating note or an interest exchange agreement, to repay a sum certain:

SB40, s. 138 Section 138. 18.06 (8) (a) of the statutes is renumbered 18.06 (8) (a) (intro.) and amended to read:

SB40,104,8 18.06 (8) (a) (intro.) The Subject to pars. (am) and (ar), at the time of, or in anticipation of, contracting public debt and at any time thereafter while the public debt is outstanding, the commission may enter into agreements and ancillary arrangements for relating to the public debt, including liquidity facilities, remarketing or dealer agreements, letter of credit agreements, insurance policies, guaranty agreements, reimbursement agreements, indexing agreements , or interest exchange agreements. The commission shall determine all of the following, if applicable, with respect to any such agreement or ancillary arrangement:

SB40, s. 139 Section 139. 18.06 (8) (a) 1. of the statutes is created to read: