SB148: Bill Text

SB148,12 Section 12. 13.94 (4) (a) 1. of the statutes is amended to read:

SB148,10,17 13.94 (4) (a) 1. Every state department, board, examining board, affiliated credentialing board, commission, independent agency, council or office in the executive branch of state government; all bodies created by the legislature in the legislative or judicial branch of state government; any public body corporate and politic created by the legislature including specifically the Fox River Navigational System Authority, the Lower Fox River Remediation Authority, the Wisconsin Aerospace Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, a professional baseball park district, a local professional football stadium district, a local cultural arts district and a long-term care district under s. 46.2895; every Wisconsin works agency under subch. III of ch. 49; every provider of medical assistance under subch. IV of ch. 49; technical college district boards; every county department under s. 51.42 or 51.437; every nonprofit corporation or cooperative or unincorporated cooperative association to which moneys are specifically appropriated by state law; and every corporation, institution, association or other organization which receives more than 50% of its annual budget from appropriations made by state law, including subgrantee or subcontractor recipients of such funds.

SB148,13 Section 13. 13.95 (intro.) of the statutes is amended to read:

SB148,11,6 13.95 Legislative fiscal bureau. (intro.) There is created a bureau to be known as the "Legislative Fiscal Bureau" headed by a director. The fiscal bureau shall be strictly nonpartisan and shall at all times observe the confidential nature of the research requests received by it; however, with the prior approval of the requester in each instance, the bureau may duplicate the results of its research for distribution. Subject to s. 230.35 (4) (a) and (f), the director or the director's designated employees shall at all times, with or without notice, have access to all state agencies, the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Fox River Navigational System Authority, and to any books, records, or other documents maintained by such agencies or authorities and relating to their expenditures, revenues, operations, and structure.

SB148,14 Section 14. 15.137 (2) (a) 3m. of the statutes is amended to read:

SB148,11,10 15.137 (2) (a) 3m. The chief executive officer of the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority or his or her designee.

SB148,15 Section 15. 15.435 (1) (a) 1. of the statutes is amended to read:

SB148,11,14 15.435 (1) (a) 1. The chief executive officer of the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority and the secretary of revenue or their designees.

SB148,16 Section 16. 16.002 (2) of the statutes is amended to read:

SB148,11,20 16.002 (2) "Departments" means constitutional offices, departments, and independent agencies and includes all societies, associations, and other agencies of state government for which appropriations are made by law, but not including authorities created in subch. II of ch. 114 or in ch. 231, 232, 233, 234 235, 237, 238, or 279.

SB148,17 Section 17. 16.004 (4) of the statutes is amended to read:

SB148,12,2 16.004 (4) Freedom of access. The secretary and such employees of the department as the secretary designates may enter into the offices of state agencies and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234 235, 237, 238, and 279, and may examine their books and accounts and any other matter that in the secretary's judgment should be examined and may interrogate the agency's employees publicly or privately relative thereto.

SB148,18 Section 18. 16.004 (5) of the statutes is amended to read:

SB148,12,7 16.004 (5) Agencies and employees to cooperate. All state agencies and authorities created under subch. II of ch. 114 and under chs. 231, 233, 234 235, 237, 238, and 279, and their officers and employees, shall cooperate with the secretary and shall comply with every request of the secretary relating to his or her functions.

SB148,19 Section 19. 16.004 (12) (a) of the statutes is amended to read:

SB148,12,16 16.004 (12) (a) In this subsection, "state agency" means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, including the legislature, the office of the governor, and the courts, but excluding the University of Wisconsin Hospitals and Clinics Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority, and the Fox River Navigational System Authority.

SB148,20 Section 20. 16.01 (1) of the statutes is amended to read:

SB148,12,23 16.01 (1) In this section, "agency" means any office, department, 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, and any authority created under subch. II of ch. 114 or ch. 231, 233, or 234 235.

SB148,21 Section 21. 16.045 (1) (a) of the statutes is amended to read:

SB148,13,6 16.045 (1) (a) "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 in ch. 231, 232, 233, 234 235, 237, 238, or 279.

SB148,22 Section 22. 16.15 (1) (ab) of the statutes is amended to read:

SB148,13,11 16.15 (1) (ab) "Authority" has the meaning given under s. 16.70 (2), but excludes the University of Wisconsin Hospitals and Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority.

SB148,23 Section 23. 16.287 (2) (a) of the statutes is amended to read:

SB148,13,19 16.287 (2) (a) For the purposes of ss. 16.75 (3m), 16.855 (10m), 16.87 (2), 18.16, 18.64, 18.77, 25.185, 119.495 (2), 200.57, and 231.27 and 234.35, the department shall establish and periodically update a list of certified minority businesses, minority financial advisers and minority investment firms. Any business, financial adviser or investment firm may apply to the department for certification. For purposes of this paragraph, unless the context otherwise requires, a "business" includes a financial adviser or investment firm.

SB148,24 Section 24. 16.41 (4) of the statutes is amended to read:

SB148,13,22 16.41 (4) In this section, "authority" means a body created under subch. II of ch. 114 or under ch. 231, 233, 234 235, 237, 238, or 279.

SB148,25 Section 25. 16.417 (1) (b) of the statutes is amended to read:

SB148,13,25 16.417 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234 235, 237, 238, or 279.

SB148,26 Section 26. 16.52 (7) of the statutes is amended to read:

SB148,14,11 16.52 (7) Petty cash account. With the approval of the secretary, each agency that is authorized to maintain a contingent fund under s. 20.920 may establish a petty cash account from its contingent fund. The procedure for operation and maintenance of petty cash accounts and the character of expenditures therefrom shall be prescribed by the secretary. 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 in ch. 231, 233, 234 235, 237, 238, or 279.

SB148,27 Section 27. 16.528 (1) (a) of the statutes is amended to read:

SB148,14,18 16.528 (1) (a) "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 in ch. 231, 233, 234 235, 237, 238, or 279.

SB148,28 Section 28. 16.53 (2) of the statutes is amended to read:

SB148,15,3 16.53 (2) Improper invoices. If an agency receives an improperly completed invoice, the agency shall notify the sender of the invoice within 10 working days after it receives the invoice of the reason it is improperly completed. 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 in ch. 231, 233, 234 235, 237, 238, or 279.

SB148,29 Section 29. 16.54 (9) (a) 1. of the statutes is amended to read:

SB148,15,10 16.54 (9) (a) 1. "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 in ch. 231, 233, 234 235, 237, 238, or 279.

SB148,30 Section 30. 16.70 (2) of the statutes is amended to read:

SB148,15,13 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or under ch. 231, 232, 233, 234, 237, or 279.

SB148,31 Section 31. 16.765 (1) of the statutes is amended to read:

SB148,15,25 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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.

SB148,32 Section 32. 16.765 (2) of the statutes is amended to read:

SB148,16,18 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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".

SB148,33 Section 33. 16.765 (5) of the statutes is amended to read:

SB148,17,10 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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.

SB148,34 Section 34. 16.765 (6) of the statutes is amended to read:

SB148,17,20 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

SB148,35 Section 35. 16.765 (7) (intro.) of the statutes is amended to read:

SB148,18,6 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

SB148,36 Section 36. 16.765 (7) (d) of the statutes is amended to read:

SB148,18,13 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation.

SB148,37 Section 37. 16.765 (8) of the statutes is amended to read:

SB148,19,5 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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 Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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.

SB148,38 Section 38. 16.838 (1) (b) of the statutes is amended to read:

SB148,19,8 16.838 (1) (b) "Authority" means a body created under subch. II of ch. 114 or ch. 231, 232, 233, 234, or 237.

SB148,39 Section 39. 16.85 (2) of the statutes is amended to read:

SB148,19,19 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 in ch. 231, 233, 234 235, 237, 238, or 279.

SB148,40 Section 40. 16.865 (8) of the statutes is amended to read:

SB148,20,10 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 in ch. 231, 232, 233, 234 235, 237, 238, or 279.

SB148,41 Section 41. 16.98 (1) of the statutes is amended to read:

SB148,20,21 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. 234.94 235.94 (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 may 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.

SB148,42 Section 42. 19.42 (10) (h) of the statutes is amended to read:

SB148,20,25 19.42 (10) (h) The members of the board of directors and employees of the Forward Wisconsin Housing and Economic Development Authority, except clerical employees.

SB148,43 Section 43. 19.42 (10) (sm) of the statutes is repealed.

SB148,44 Section 44. 19.42 (13) (g) of the statutes is amended to read:

SB148,21,5 19.42 (13) (g) The members of the board of directors and employees of the Forward Wisconsin Housing and Economic Development Authority, except clerical employees.

SB148,45 Section 45. 19.42 (13) (om) of the statutes is repealed.

SB148,46 Section 46. 19.56 (2) (b) 6. of the statutes is amended to read:

SB148,21,10 19.56 (2) (b) 6. Is made available to the official by the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority or the department of tourism in accordance with sub. (3) (e), (em) or (f).

SB148,47 Section 47. 19.56 (3) (e) (intro.) of the statutes is amended to read:

SB148,21,15 19.56 (3) (e) (intro.) A state public official who is an officer or employee of the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority may solicit, receive and retain on behalf of the state anything of value for the purpose of any of the following:

SB148,48 Section 48. 19.56 (3) (e) 1. of the statutes is amended to read:

SB148,21,22 19.56 (3) (e) 1. The sponsorship by the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority of a trip to a foreign country primarily to promote trade between that country and this state that the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority can demonstrate through clear and convincing evidence is primarily for the benefit of this state.

SB148,49 Section 49. 19.56 (3) (f) of the statutes is amended to read:

SB148,22,4 19.56 (3) (f) A state public official may receive and retain from the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority anything of value which the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority is authorized to provide under par. (e) and may receive and retain from the department of tourism anything of value which the department of tourism is authorized to provide under par. (em).

SB148,50 Section 50. 19.57 of the statutes is amended to read:

SB148,22,13 19.57 Conferences, visits and economic development activities. The Wisconsin Economic Development Corporation Forward Wisconsin Development Authority shall file a report with the board no later than April 30 annually, specifying the source and amount of anything of value received by the Wisconsin Economic Development Corporation Forward Wisconsin Development Authority during the preceding calendar year for a purpose specified in s. 19.56 (3) (e), and the program or activity in connection with which the thing is received, together with the location and date of that program or activity.

SB148,51 Section 51. 20.192 of the statutes is repealed.

SB148,52 Section 52. 20.320 (2) (s) of the statutes is amended to read:

SB148,22,20 20.320 (2) (s) Safe drinking water loan programs financial assistance. From the environmental improvement fund, a sum sufficient for financial assistance under the safe drinking water loan program under s. 281.61, for other drinking water quality activities under s. 281.62 and to transfer funds to the Wisconsin drinking water reserve fund under s. 234.933 235.933, as authorized under s. 281.625 (4).

SB148,53 Section 53. 20.320 (2) (x) of the statutes is amended to read:

SB148,23,6 20.320 (2) (x) Safe drinking water loan programs financial assistance; federal. From the safe drinking water loan program federal revolving loan fund account in the environmental improvement fund, all moneys received from the federal government to provide financial assistance under the safe drinking water loan program under s. 281.61, for other drinking water quality activities under s. 281.62 and for drinking water loan guarantees under s. 234.86 235.86, as authorized by the governor under s. 16.54, for financial assistance under the safe drinking water loan program under s. 281.61, other drinking water quality activities under s. 281.62 and to transfer funds to the Wisconsin drinking water reserve fund under s. 234.933 235.933, as authorized under s. 281.625 (4).

SB148,54 Section 54. 20.370 (2) (mr) of the statutes is amended to read:

SB148,23,10 20.370 (2) (mr) General program operations — brownfields. From the environmental fund, the amounts in the schedule for administration of activities related to brownfields, as defined in s. 238.13 235.13 (1) (a).

SB148,55 Section 55. 20.370 (9) (ny) of the statutes is amended to read:

SB148,23,19 20.370 (9) (ny) Aids administration — safe drinking water loan programs; federal funds. From the safe drinking water loan program federal revolving loan fund account in the environmental improvement fund, all moneys received from the federal government to administer the safe drinking water loan program, as authorized by the governor under s. 16.54, for the administration of the safe drinking water loan program under s. 281.59 or 281.61, the drinking water loan guarantee program under ss. 234.86 235.86 and 281.625 and other drinking water quality activities under s. 281.62.

SB148,56 Section 56. 20.485 (3) (b) of the statutes is amended to read:

SB148,23,23 20.485 (3) (b) Self insurance. A sum sufficient to cover deficiencies in the amounts necessary to repay principal and interest on veterans housing loans made under s. 45.37 and financed by bonds sold under s. 234.40 235.409.

SB148,57 Section 57. 20.485 (3) (e) of the statutes is amended to read:

SB148,24,3 20.485 (3) (e) General program deficiency. A sum sufficient to pay any general program deficiency under s. 45.37, including any deficiency in the capital reserve fund requirement under s. 234.42 235.42.