AB40,114,1412 16.75 (3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial
13adviser certified by the department of commerce safety and professional services
14under s. 560.0335 490.02 (3).
AB40, s. 252 15Section 252. 16.75 (3m) (a) 3. of the statutes is amended to read:
AB40,114,1816 16.75 (3m) (a) 3. "Disabled veteran-owned investment firm" means an
17investment firm certified by the department of commerce safety and professional
18services
under s. 560.0335 490.02 (3).
AB40, s. 253 19Section 253. 16.75 (3m) (a) 4. of the statutes is amended to read:
AB40,114,2120 16.75 (3m) (a) 4. "Minority business" means a business certified by the
21department of commerce safety and professional services under s. 560.036 490.04 (2).
AB40, s. 254 22Section 254. 16.75 (3m) (c) 5. a. of the statutes is amended to read:
AB40,115,323 16.75 (3m) (c) 5. a. In determining whether a purchase, contract or subcontract
24complies with the goal established under par. (b) 1. or s. 16.855 (10m) (am) 1., 16.87
25(2) (b), or 25.185 (2), the department shall include only amounts paid to minority

1businesses, minority financial advisers and minority investment firms certified by
2the department of commerce safety and professional services under s. 560.036 490.04
3(2).
AB40, s. 255 4Section 255. 16.75 (3m) (c) 5. b. of the statutes is amended to read:
AB40,115,85 16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract
6is made with a disabled veteran-owned business, the department shall include only
7amounts paid to disabled veteran-owned businesses certified by the department of
8commerce safety and professional services under s. 560.0335 490.02 (3).
AB40, s. 256 9Section 256. 16.75 (3t) (c) (intro.) of the statutes is amended to read:
AB40,116,310 16.75 (3t) (c) (intro.) The department of corrections shall periodically provide
11to the department of administration a current list of all materials, supplies,
12equipment or contractual services, excluding commodities, that are supplied by
13prison industries, as created under s. 303.01. The department of administration
14shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except
15as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed
16proposals with respect to the purchase of any materials, supplies, equipment or
17contractual services enumerated in the list, the department of administration or any
18other designated purchasing agent under s. 16.71 (1) shall offer prison industries the
19opportunity to supply the materials, supplies, equipment or contractual services if
20the department of corrections is able to provide them at a price comparable to that
21is equal to or lower than
one which may be obtained through competitive bidding or
22competitive sealed proposals and is able to conform to the specifications, provided the
23specifications are written in accordance with s. 16.72 (2) (d)
. If the department of
24administration or other purchasing agent is unable to determine whether the price
25of prison industries is comparable equal to or lower than one obtained through

1competitive bidding or competitive sealed proposals
, it may solicit bids or
2competitive proposals before awarding the order or contract. This paragraph does
3not apply to the printing of the following forms:
AB40, s. 257 4Section 257. 16.75 (4) (b) of the statutes is amended to read:
AB40,116,75 16.75 (4) (b) The department shall seek the cooperation and assistance of the
6department of commerce safety and professional services in the performance of its
7duties under par. (a).
AB40, s. 258 8Section 258. 16.75 (6) (bm) of the statutes is amended to read:
AB40,116,159 16.75 (6) (bm) If the secretary determines that it is in the best interest of this
10state to do so, he or she may waive any requirement under subs. (1) to (5) and ss.
1116.705 (1) and (2) to (8), (5), (6), and (7) and 16.72 (2) (e) and (f) and (5) with respect
12to any contract entered into by the department of children and families under s.
1349.143, if the department of children and families presents the secretary with a
14process for the procurement of contracts under s. 49.143 and the secretary approves
15the process.
AB40, s. 259 16Section 259. 16.75 (6) (c) of the statutes is amended to read:
AB40,117,417 16.75 (6) (c) If the secretary determines that it is in the best interest of this state
18to do so, he or she may, with the approval of the governor, waive the requirements
19of subs. (1) to (5) and may purchase supplies, material, equipment, or contractual
20services, other than printing and stationery, from a private source other than a
21source specified in par. (b). Except as provided in sub. (2g) (c), if the cost of the
22purchase is expected to exceed $25,000 $50,000, the department shall first publish
23a class 2 notice under ch. 985 or post a notice on the Internet at the site determined
24or approved by the department under sub. (1) (b) describing the materials, supplies,
25equipment, or contractual services to be purchased, stating the intent to make the

1purchase from a private source without soliciting bids or competitive sealed
2proposals and stating the date on which the contract or purchase order will be
3awarded. The date of the award shall be at least 7 days after the date of the last
4insertion or the date of posting on the Internet.
AB40, s. 260 5Section 260. 16.75 (10e) (b) of the statutes is amended to read:
AB40,117,256 16.75 (10e) (b) The If s. 16.855 (10s) (a) provides an applicable standard for the
7type of agency consuming equipment being purchased and the purchase will cost
8more than $5,000 per unit the
department, any other designated purchasing agent
9under s. 16.71 (1), any agency making purchases under s. 16.74, and any authority
10may not purchase that type of energy consuming equipment unless the specifications
11for the equipment meet the applicable standards for the equipment established
12under s. 16.855 (10s) (a). If there is no standard under s. 16.855 (10s) (a) applicable
13to the type of energy consuming equipment being purchased, or if
. If there is an
14applicable standard under s. 16.855 (10s) (a), but
the energy consuming equipment
15meeting that standard is not reasonably available, the department, purchasing
16agent, agency, or authority shall ensure, for purchases over $5,000 per unit, that the
17energy consuming equipment that is purchased maximizes energy efficiency to the
18extent technically and economically feasible. The department, purchasing agent,
19agency, or authority shall not determine that energy consuming equipment that
20meets the applicable standard under s. 16.855 (10s) (a) either is not reasonably
21available on the basis of cost alone or is not cost-effective unless the difference in the
22cost of the purchase and installation of the equipment that meets the standard and
23the equipment that would otherwise be installed is greater than the difference in the
24cost of operating the equipment that meets the standard and the equipment that
25would otherwise be installed over the anticipated life of the equipment.
AB40, s. 261
1Section 261. 16.751 of the statutes is amended to read:
AB40,118,5 216.751 Information technology purchases by investment board. The
3requirements of ss. 16.72 (2) (b) and (d) and 16.75 (1) (a) 1. and (2m) (g) do not apply
4to procurements authorized to be made by the investment board under s. 16.78 (1)
5for information technology purposes.
AB40, s. 262 6Section 262. 16.752 (8) (e) of the statutes is amended to read:
AB40,118,97 16.752 (8) (e) Comply with applicable occupational health and safety standards
8prescribed by the U.S. secretary of labor, the federal occupational health and safety
9administration or the department of commerce safety and professional services.
AB40, s. 263 10Section 263. 16.78 (1) of the statutes, as affected by 2011 Wisconsin Act 7, is
11amended to read:
AB40,118,2512 16.78 (1) Every agency other than the board of regents Board of Regents of the
13University of Wisconsin System, the Board of Trustees of the University of
14Wisconsin-Madison,
or an agency making purchases under s. 16.74 shall make all
15purchases of materials, supplies, equipment, and contractual services relating to
16information technology or telecommunications from the department, unless the
17department requires the agency to purchase the materials, supplies, equipment, or
18contractual services pursuant to a master contract established under s. 16.972 (2)
19(h), or grants written authorization to the agency to procure the materials, supplies,
20equipment, or contractual services under s. 16.75 (1) or (2m), to purchase the
21materials, supplies, equipment, or contractual services from another agency or to
22provide the materials, supplies, equipment, or contractual services to itself. The
23board of regents Board of Regents of the University of Wisconsin System may make
24purchases of materials, supplies, equipment, and contractual services relating to
25information technology or telecommunications from the department.
AB40, s. 264
1Section 264. 16.841 of the statutes is repealed.
AB40, s. 265 2Section 265. 16.847 (1) (b) of the statutes is amended to read:
AB40,119,63 16.847 (1) (b) "State facilities" means all property owned and operated by the
4state for the purpose of carrying out usual state functions, including the University
5of Wisconsin-Madison and
each institution within the University of Wisconsin
6System.
AB40, s. 266 7Section 266. 16.85 (1) of the statutes is amended to read:
AB40,120,28 16.85 (1) To take charge of and supervise all engineering or architectural
9services or construction work, as defined in s. 16.87, performed by, or for, the state,
10or any department, board, institution, commission, or officer of the state, and any
11such work to be performed for the University of Wisconsin-Madison,
including
12nonprofit-sharing corporations organized for the purpose of assisting the state in the
13construction and acquisition of new buildings or improvements and additions to
14existing buildings as contemplated under ss. 13.488, 36.09, and 36.11, 37.03, and
1537.11,
except work to be performed for the University of Wisconsin-Madison with
16respect to a building, structure, or facility that is funded entirely from sources other
17than general purpose revenue or general fund supported borrowing;
the engineering,
18architectural, and construction work of the department of transportation ; and the
19engineering service performed by the department of commerce safety and
20professional services
, department of revenue, public service commission,
21department of health services, and other departments, boards, and commissions
22when the service is not related to the maintenance, and construction and planning,
23of the physical properties of the state. The department may not authorize
24construction work for any state office facility in the city of Madison after May 11,

11990, unless the department first provides suitable space for a child care center
2primarily for use by children of state employees.
AB40, s. 267 3Section 267 . 16.85 (1) of the statutes, as affected by 2011 Wisconsin Act ....
4(this act), is amended to read:
AB40,120,235 16.85 (1) To take charge of and supervise all engineering or architectural
6services or construction work, as defined in s. 16.87, performed by, or for, the state,
7or any department, board, institution, commission, or officer of the state, and any
8such work to be performed for the University of Wisconsin-Madison, including
9nonprofit-sharing corporations organized for the purpose of assisting the state in the
10construction and acquisition of new buildings or improvements and additions to
11existing buildings as contemplated under ss. 13.488, 36.09, 36.11, 37.03, and 37.11,
12except work to be performed for the University of Wisconsin-Madison with respect
13to a building, structure, or facility that is funded entirely from sources other than
14general purpose revenue or general fund supported borrowing; the engineering,
15architectural, and construction work of the department of transportation; and the
16engineering service performed by the department of safety and professional services,
17department of revenue, public service commission, department of health services,
18and other departments, boards, and commissions when the service is not related to
19the maintenance, and construction and planning, of the physical properties of the
20state. The department may not authorize construction work for any state office
21facility in the city of Madison after May 11, 1990, unless the department first
22provides suitable space for a child care center primarily for use by children of state
23employees.
AB40, s. 268 24Section 268. 16.85 (2) of the statutes, as affected by 2011 Wisconsin Act 7, is
25amended to read:
AB40,121,11
116.85 (2) To furnish engineering, architectural, project management, and other
2building construction services whenever requisitions therefor are presented to the
3department by any agency or the University of Wisconsin-Madison. The department
4may deposit moneys received from the provision of these services in the account
5under s. 20.505 (1) (kc) or in the general fund as general purpose revenue — earned.
6In this subsection, "agency" means an office, department, independent agency,
7institution of higher education, association, society, or other body in state
8government created or authorized to be created by the constitution or any law, which
9is entitled to expend moneys appropriated by law, including the legislature and the
10courts, but not including an authority created in subch. II of ch. 114 or subch. III of
11ch. 149 or in ch. 37, 52, 231, 233, 234, 237, 238, or 279.
AB40, s. 269 12Section 269. 16.85 (5) of the statutes is amended to read:
AB40,121,1613 16.85 (5) To promote the use of energy conservation methods in state-owned
14facilities and facilities owned by the University of Wisconsin-Madison, to implement
15and refine a statewide energy monitoring system and to develop and implement
16initiatives of replacing fossil fuels with renewable energy fuels.
AB40, s. 270 17Section 270. 16.85 (7) of the statutes is amended to read:
AB40,121,2418 16.85 (7) To rebuild and repair discarded machinery of the several state
19institutions and the University of Wisconsin-Madison when found feasible, and put
20the same back into service in the same department or at the university or in any other
21state department or the university, and upon requisition to furnish services and
22material and loan equipment at fair rentals based on the cost thereof, in connection
23with the construction, operation and maintenance of heating and power plants,
24utilities and equipment.
AB40, s. 271 25Section 271. 16.85 (10) of the statutes is amended to read:
AB40,122,5
116.85 (10) To prepare in cooperation with the state agencies concerned and
2with the University of Wisconsin-Madison
, plans for the future growth and
3development of various state institutions and to serve as technical adviser to the
4building commission in connection with the development of the state long-range
5building program provided in ss. 13.48 and 13.482.
AB40, s. 272 6Section 272. 16.85 (12) of the statutes is amended to read:
AB40,122,147 16.85 (12) To review and approve plans and specifications for any building or
8structure that is constructed for the benefit of the University of Wisconsin System
9or any institution thereof, and to periodically review the progress of any such
10building or structure during construction to assure compliance with the approved
11plans and specifications. This subsection does not apply to any building, structure,
12or facility that is constructed. remodeled, repaired, renewed, or expanded for the
13University of Wisconsin-Madison if the project is funded entirely from sources other
14than general purpose revenue or general fund supported borrowing.
AB40, s. 273 15Section 273. 16.851 of the statutes is amended to read:
AB40,123,2 1616.851 Plans for state and university buildings, structures or facilities.
17Except as the department otherwise provides by rule, records of the department and
18the University of Wisconsin-Madison
containing plans or specifications for any
19state-owned or state-leased or any university-owned or university-leased building,
20structure or facility, or any proposed state-owned or state-leased or
21university-owned or university-leased
building, structure or facility, are not subject
22to the right of public inspection or copying under s. 19.35 (1). If the department or
23the University of Wisconsin-Madison
transfers any records containing any such
24plans or specifications to any other authority as defined in s. 19.32 (1), the
25department or university shall require the authority to agree in writing not to make

1the record available for public inspection or copying except as the department
2otherwise permits by rule.
AB40, s. 274 3Section 274. 16.8511 of the statutes is amended to read:
AB40,123,8 416.8511 Secretary of administration; powers, duties. (1) The secretary
5or the secretary's designated assistants shall make a biennial inspection of each
6building of each institution of the state and the University of Wisconsin-Madison.
7The secretary may delegate this responsibility to the board, commission or officer in
8charge of such institution.
AB40,123,14 9(2) The secretary may delegate any of the work under this subchapter to the
10various state agencies or to the University of Wisconsin-Madison when the secretary
11determines that the best interests of the state or the university will be served. All
12such delegation will be in writing and accompanied by the proper rules and
13guidelines the agencies or the university must follow to ensure performance to the
14satisfaction of the secretary.
AB40, s. 275 15Section 275. 16.854 (1) (a) of the statutes is amended to read:
AB40,123,1716 16.854 (1) (a) "Minority business" has the meaning given in s. 560.036 490.04
17(1) (e).
AB40, s. 276 18Section 276. 16.854 (1) (b) of the statutes is amended to read:
AB40,123,2019 16.854 (1) (b) "Minority group member" has the meaning given in s. 560.036
20490.04 (1) (f).
AB40, s. 277 21Section 277. 16.855 (2) (intro.) of the statutes is amended to read:
AB40,123,2422 16.855 (2) (intro.) Except for projects authorized under s. 16.858, whenever the
23estimated construction cost of a project exceeds $40,000, or if less and in the best
24interest of the state or the University of Wisconsin-Madison, the department shall:
AB40, s. 278 25Section 278. 16.855 (2) (b) 2. of the statutes is amended to read:
AB40,124,4
116.855 (2) (b) 2. If the federal government participates in a state or University
2of Wisconsin-Madison
project, the bid guarantee required in this paragraph
3controls, unless the federal government makes a specific provision for a different bid
4guarantee.
AB40, s. 279 5Section 279. 16.855 (5) of the statutes is amended to read:
AB40,124,86 16.855 (5) Any or all bids may be rejected if, in the opinion of the department,
7it is in the best interest of the state or the University of Wisconsin-Madison. The
8reasons for rejection shall be given to the bidder or bidders in writing.
AB40, s. 280 9Section 280. 16.855 (7) of the statutes is amended to read:
AB40,124,1210 16.855 (7) The department may issue contract change orders, if they are
11deemed to be in the best interests of the state or the University of
12Wisconsin-Madison
.
AB40, s. 281 13Section 281. 16.855 (10) of the statutes is amended to read:
AB40,124,1814 16.855 (10) When the department believes that it is in the best interests of the
15state or the University of Wisconsin-Madison to contract for certain articles or
16materials available from only one source, it may contract for said articles or
17materials without the usual statutory procedure, after a publication of a class 1
18notice, under ch. 985, in the official state newspaper.
AB40, s. 282 19Section 282. 16.855 (10m) (ac) of the statutes is amended to read:
AB40,124,2220 16.855 (10m) (ac) In this subsection, "disabled veteran-owned business"
21means a business certified by the department of commerce safety and professional
22services
under s. 560.0335 490.02 (3).
AB40, s. 283 23Section 283. 16.855 (10n) (a) of the statutes is amended to read:
AB40,124,2524 16.855 (10n) (a) In this subsection, "minority group member" has the meaning
25given in s. 560.036 490.04 (1) (f).
AB40, s. 284
1Section 284. 16.855 (13) (c) of the statutes is amended to read:
AB40,125,52 16.855 (13) (c) Changes may be made in the list of subcontractors, with the
3agreement of the department and the prime contractor, when in the opinion of the
4department it is in the best interests of the state or the University of
5Wisconsin-Madison
to require the change.
AB40, s. 285 6Section 285. 16.855 (14) (b) of the statutes is amended to read:
AB40,125,127 16.855 (14) (b) The state is and the University of Wisconsin-Madison are not
8liable to a prime contractor for damage from delay caused by another prime
9contractor if the department or the university takes reasonable action to require the
10delaying prime contractor to comply with its contract. If the state or the university
11is not liable under this paragraph, the delayed prime contractor may bring an action
12for damages against the delaying prime contractor.
AB40, s. 286 13Section 286. 16.855 (16) (a) of the statutes is amended to read:
AB40,125,2014 16.855 (16) (a) This section does not apply to contracts between the state or the
15University of Wisconsin-Madison
and federal government or any agency thereof, or
16with any political subdivision of the state. Subject to the approval of the governor,
17the requirements of this section may be waived in emergency situations involving the
18public health, welfare or safety or with respect to contracting with public utilities,
19but only when any such waiver is deemed by the governor to be in the best interests
20of the state or the university.
AB40, s. 287 21Section 287. 16.855 (16) (b) 2. of the statutes is amended to read:
AB40,126,822 16.855 (16) (b) 2. In emergency situations, the governor may approve repairs
23and construction of a building, structure, or facility in lieu of building commission
24approval under s. 13.48 (10), and for such purposes, may authorize the expenditure
25of up to $500,000 from the state building trust fund or from other available moneys

1appropriated to an agency or other available moneys of the University of
2Wisconsin-Madison
derived from any revenue source. The governor may delegate
3to the secretary the authority to grant approvals under this subdivision. The
4governor shall report any such authorization to the building commission at its next
5regular meeting following the authorization. In this subdivision, "emergency"
6means any natural or human-caused situation that results in or may result in
7substantial injury or harm to the population or substantial damage to or loss of
8property.
AB40, s. 288 9Section 288. 16.855 (20) of the statutes is amended to read:
AB40,126,1610 16.855 (20) This section does not apply to construction work performed by
11University of Wisconsin System or University of Wisconsin-Madison students when
12the construction work performed is a part of a curriculum and where the work is
13course-related for the student involved. Prior approval of the building commission
14must be obtained for all construction projects to be performed by University of
15Wisconsin System or University of Wisconsin-Madison students, except projects
16specified in s. 13.48 (10 (c)
.
AB40, s. 289 17Section 289. 16.855 (22) of the statutes is amended to read:
AB40,127,518 16.855 (22) The provisions of this section, except sub. (10m), do not apply to
19construction work for any project that does not require the prior approval of the
20building commission under s. 13.48 (10) (a) if the project is constructed in accordance
21with policies and procedures prescribed by the building commission under s. 13.48
22(29). The provisions of this section do not apply to construction work for any project
23by or for the University of Wisconsin-Madison that is funded entirely from sources
24other than general purpose revenue or general fund supported borrowing.
If the
25estimated construction cost of any project, other than a University of

1Wisconsin-Madison project that is exempted under this subsection,
is at least
2$40,000, and the building commission elects to utilize the procedures prescribed
3under s. 13.48 (29) to construct the project, the department shall provide adequate
4public notice of the project and the procedures to be utilized to construct the project
5on a publicly accessible computer site.
AB40, s. 290 6Section 290. 16.865 (1) (a) of the statutes is amended to read:
AB40,127,97 16.865 (1) (a) Protect Except as provided in sub. (10), protect the state and the
8University of Wisconsin-Madison
from losses which are catastrophic in nature and
9minimize total cost to the state of all activities related to the control of accidental loss.
AB40, s. 291 10Section 291. 16.865 (2) of the statutes is amended to read:
AB40,127,1411 16.865 (2) Identify Except as provided in sub. (10), identify and evaluate
12exposure to loss to the state, its and University of Wisconsin-Madison and their
13employees or injury to the public by reason of fire or other accidents and fortuitous
14events at state-owned and the university-owned properties or facilities.
AB40, s. 292 15Section 292. 16.865 (3) of the statutes is amended to read:
AB40,127,1916 16.865 (3) Recommend Except as provided in sub. (10), recommend changes in
17procedures, program conditions or capital improvement for all agencies and the
18University of Wisconsin-Madison
which would satisfactorily eliminate or reduce the
19existing exposure.
AB40, s. 293 20Section 293. 16.865 (4) of the statutes is amended to read:
AB40,127,2521 16.865 (4) Manage the state employees' Except as provided in sub. (10),
22manage the
worker's compensation program for state and University of
23Wisconsin-Madison employees
and the statewide self-funded programs to protect
24the state and the University of Wisconsin–Madison from losses of and damage to
25state property and liability.
AB40, s. 294
1Section 294. 16.865 (5) of the statutes is amended to read:
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