AB64: Bill Text

AB64,84,6 224.52 Repayment to the general fund. (1) The secretary of administration shall transfer from the tuition trust fund, the college savings program trust fund, the college savings program bank deposit trust fund, or the college savings program credit union deposit trust fund to the general fund an amount equal to the amount expended from the appropriations under s. 20.505 (9) (a), 1995 stats., s. 20.585 (2) (a), 2001 stats., and s. 20.585 (2) (am), 2001 stats., when the secretary of administration determines, after consultation with the secretary of financial institutions, that funds in those trust funds are sufficient to make the transfer. The secretary of administration may make the transfer in installments.

AB64,84,10 (2) Annually, by June 1, the secretary of financial institutions, after consultation with the secretary of administration, shall submit a report to the joint committee on finance on the amount available for repayment under sub. (1), the amount repaid under sub. (1), and the outstanding balance under sub. (1).

AB64,151 Section 151. 16.705 (1b) (d) of the statutes is created to read:

AB64,84,12 16.705 (1b) (d) The department of financial institutions under s. 224.51.

AB64,152 Section 152. 16.71 (1m) of the statutes is amended to read:

AB64,85,4 16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. The department may delegate this authority to the University of Wisconsin-Madison. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department and, if the total amount of the contract exceeds $150,000, without the approval of the secretary. The University of Wisconsin-Madison may enter into any such contract without review and approval by the department or the approval of the secretary. Any executive branch agency that enters into a contract relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System or to the University of Wisconsin-Madison is subject to the limitations prescribed in s. 36.585.

AB64,153 Section 153. 16.71 (5r) of the statutes is created to read:

AB64,85,7 16.71 (5r) The department shall delegate authority to the department of financial institutions to enter into vendor contracts under s. 224.51.

AB64,154 Section 154 . 16.74 (2) (b) of the statutes is amended to read:

AB64,85,16 16.74 (2) (b) Contracts for purchases by the senate or assembly shall be signed by an individual designated by the organization committee of the house making the purchase. Contracts for other legislative branch purchases shall be signed by an individual designated by the joint committee on legislative organization. Contracts for purchases by the judicial commission or judicial council shall be signed by an individual designated by the commission or council, respectively. Contracts for other judicial branch purchases shall be signed by an individual designated by the director of state courts.

AB64,155 Section 155 . 16.75 (1) (b) 1. and 3. of the statutes are consolidated, renumbered 16.75 (1) (b) and amended to read:

AB64,86,9 16.75 (1) (b) Except as provided in subd. 2., when When the estimated cost exceeds $25,000 $100,000, the department, or an agency to which the department delegates purchasing authority under s. 16.71 (1), shall invite bids to be submitted. 3. If subd. 1. or 2. requires bids to be are solicited, the department or designated agency either shall solicit sealed bids to be opened publicly at a specified date and time, or shall solicit bidding by auction to be conducted electronically at a specified date and time. Whenever bids are invited, due notice inviting bids shall be published as a class 2 notice, under ch. 985 or posted on the Internet at a site determined or approved by the department. The bid opening or auction shall occur at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet. The notice shall specify whether sealed bids are invited or bids will be accepted by auction, and shall give a clear description of the materials, supplies, equipment, or contractual services to be purchased, the amount of any bond, share draft, check, or other draft to be submitted as surety with the bid or prior to the auction, and the date and time that the public opening or the auction will be held.

AB64,156 Section 156 . 16.75 (1) (b) 2. of the statutes is repealed.

AB64,157 Section 157. 16.75 (1p) of the statutes is created to read:

AB64,86,12 16.75 (1p) (a) In this subsection:

AB64,86,15 1. “Agreement with a labor organization" means any agreement with a labor organization, including a collective bargaining agreement, a project labor agreement, or a community workforce agreement.

AB64,86,18 2. “Bidder" means a person that is submitting a bid or a competitive sealed proposal or that is seeking an award under this section in a procedure established under sub. (1) (c).

AB64,86,19 3. “Labor organization" has the meaning given in s. 5.02 (8m).

AB64,86,21 (b) The department may not do any of the following in a solicitation for bids or competitive sealed proposals or in a procedure established under sub. (1) (c):

AB64,86,23 1. Require that a bidder enter into or adhere to an agreement with a labor organization.

AB64,86,25 2. Consider as a factor in making an award under this section whether any bidder has or has not entered into an agreement with a labor organization.

AB64,87,6 3. Require that a bidder enter into, adhere to, or enforce any agreement that requires, as a condition of employment, that the bidder or bidder's employees become or remain members of, or be affiliated with, a labor organization or pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization or a labor organization's health, welfare, retirement, or other benefit plan or program.

AB64,87,9 (c) Nothing in this subsection prohibits employers or employees from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 USC 151 to 169.

AB64,158 Section 158 . 16.75 (2m) (b) 1. and 3. of the statutes are consolidated, renumbered 16.75 (2m) (b) and amended to read:

AB64,87,23 16.75 (2m) (b) Except as provided in subd. 2., when When the estimated cost exceeds $25,000 $100,000, the department, or an agency to which the department delegates purchasing authority under s. 16.71 (1), may invite competitive sealed proposals. 3. If competitive sealed proposals are invited, the department shall publish due notice seeking proposals shall be published as a class 2 notice under ch. 985 or post notice posted on the Internet at a site determined or approved by the department. The notice shall describe the materials, supplies, equipment, or contractual services to be purchased, the intent to make the procurement by solicitation of proposals rather than by solicitation of bids, any requirement for surety and the date the proposals will be opened, which shall be at least 7 days after the date of the last insertion of the notice or at least 7 days after the date of posting on the Internet.

AB64,159 Section 159 . 16.75 (2m) (b) 2. of the statutes is repealed.

AB64,160 Section 160 . 16.75 (6) (c) of the statutes is amended to read:

AB64,88,16 16.75 (6) (c) If the secretary determines that it is in the best interest of this state to do so, he or she may, with the approval of the governor, waive the requirements of subs. (1) to (5) may be waived and may purchase supplies, material, equipment, or contractual services, other than printing and stationery, may be purchased from a private source other than a source specified in par. (b). If the cost of the purchase is expected to exceed $25,000 but not exceed $150,000, the secretary must approve the waiver, and if the cost of the purchase is expected to exceed $150,000, the governor must approve the waiver. Except as provided in sub. (2g) (c), if the cost of the purchase is expected to exceed $25,000, the department shall first publish a class 2 notice under ch. 985 or post a notice on the Internet at the site determined or approved by the department under sub. (1) (b) describing the materials, supplies, equipment, or contractual services to be purchased, stating the intent to make the purchase from a private source without soliciting bids or competitive sealed proposals and stating the date on which the contract or purchase order will be awarded. The date of the award shall be at least 7 days after the date of the last insertion or the date of posting on the Internet.

AB64,161 Section 161. 16.84 (2) of the statutes is amended to read:

AB64,89,11 16.84 (2) Appoint such number of police officers as is necessary to safeguard all public property placed by law in the department's charge, and provide, by agreement with any other state agency, police and security services at buildings and facilities owned, controlled, or occupied by the other state agency. The department may charge the other state agency for the cost of providing security services at multitenant buildings or facilities. The governor or the department may, to the extent it is necessary, authorize police officers employed by the department to safeguard state officers, state employees, or other persons. A police officer who is employed by the department and who is performing duties that are within the scope of his or her employment as a police officer has the powers of a peace officer under s. 59.28, except that the officer has the arrest powers of a law enforcement officer under s. 968.07 regardless of whether the violation is punishable by forfeiture or criminal penalty. The officer may exercise the powers of a peace officer and the arrest powers of a law enforcement officer while located anywhere within this state. Nothing in this subsection limits or impairs the duty of the chief and each police officer of the police force of the municipality in which the property is located to arrest and take before the proper court or magistrate persons found in a state of intoxication or engaged in any disturbance of the peace or violating any state law in the municipality in which the property is located, as required by s. 62.09 (13).

AB64,162 Section 162 . 16.848 (2) (f) of the statutes is amended to read:

AB64,89,14 16.848 (2) (f) Subsection (1) does not apply to lands acquired with revenues collected paid into the conservation fund under s. 70.58.

AB64,163 Section 163. 16.855 (1p) of the statutes is created to read:

AB64,89,16 16.855 (1p) (a) In this subsection:

AB64,89,18 1. “Agreement with a labor organization" has the meaning given in s. 16.75 (1p) (a) 1.

AB64,89,19 2. “Labor organization" has the meaning given in s. 5.02 (8m).

AB64,89,21 (b) The department may not do any of the following in a solicitation for bids under this section:

AB64,89,23 1. Require that a bidder enter into or adhere to an agreement with a labor organization.

AB64,89,25 2. Consider as a factor in making an award under this section whether any bidder has or has not entered into an agreement with a labor organization.

AB64,90,6 3. Require that a bidder enter into, adhere to, or enforce any agreement that requires, as a condition of employment, that the bidder or bidder's employees become or remain members of, or be affiliated with, a labor organization or pay any dues, fees, assessments, or other charges or expenses of any kind or amount, or provide anything of value, to a labor organization or a labor organization's health, welfare, retirement, or other benefit plan or program.

AB64,90,9 (c) Nothing in this subsection prohibits employers or employees from entering into agreements or engaging in any other activity protected by the National Labor Relations Act, 29 USC 151 to 169.

AB64,164 Section 164 . 16.856 of the statutes is repealed.

AB64,165 Section 165 . 16.867 of the statutes is created to read:

AB64,90,15 16.867 Selection of architects and engineers. (1) The secretary shall establish a committee under s. 15.04 (1) (c) for each construction project under the department's supervision, except an emergency project approved under s. 16.855 (16) (b) 2., for the purpose of selecting an architect or engineer for the project.

AB64,90,20 (2) If the estimated cost of a construction project under the department's supervision is $6,800,000, subject to adjustment under s. 16.40 (20m), or more, the selection committee appointed under sub. (1) shall use a request-for-proposal process established by the department to select an architect or engineer for the project based on qualifications.

AB64,166 Section 166. 16.87 (3) of the statutes is amended to read:

AB64,91,13 16.87 (3) Except as provided in sub. (4), a contract under sub. (2) is not valid or effectual for any purpose until it is endorsed in writing and approved by the secretary or the secretary's designated assistant designee and, if the contract involves an expenditure over $60,000 $250,000, subject to adjustment under s. 16.40 (20m), approved by the governor. The governor may delegate the authority to approve any contract requiring his or her approval under this subsection that involves an expenditure of less than $150,000 to the secretary or the secretary's designee. Except as provided in sub. (4), no payment or compensation for work done under any contract involving $2,500 or more, except a highway contract, may be made unless the written claim is audited and approved by the secretary or the secretary's designee. Any change order to a contract requiring approval under this subsection requires the prior approval by the secretary or the secretary's designated assistant designee and, if the change order involves an expenditure over $60,000 $250,000, subject to adjustment under s. 16.40 (20m), the approval of the governor or, if the governor delegates his or her authority to approve contracts under this subsection and the change order involves an expenditure of less than $150,000, the approval of the secretary or the secretary's designee.

AB64,167 Section 167. 16.956 (2) of the statutes is amended to read:

AB64,91,18 16.956 (2) Authority. Beginning on July 1, 2006, and ending on June 30, 2020 June 30, 2017, the department may award a grant to an eligible applicant for the purchase and field testing of one or more idling reduction units as provided in subs. (3) and (4).

AB64,168 Section 168. 16.956 (4) (cm) of the statutes is amended to read:

AB64,91,24 16.956 (4) (cm) Subject to par. (d), the department may make grants under this section from July 1, 2009 to June 30, 2020 June 30, 2017, of 50 percent of the eligible costs for an idling reduction unit installed on a truck tractor, unless the department has previously awarded a grant under this section for an idling reduction unit installed on the truck tractor.

AB64,169 Section 169. 16.956 (6) of the statutes is amended to read:

AB64,92,2 16.956 (6) Sunset. Subsections (2) to (4) do not apply after December 31, 2021 June 30, 2018.

AB64,170 Section 170. 16.971 (4) (c) 2. of the statutes is amended to read:

AB64,92,5 16.971 (4) (c) 2. “Municipality" has the meaning designated in s. 66.0901 (1) (a) (as).

AB64,171 Section 171. 16.971 (9) of the statutes is amended to read:

AB64,92,14 16.971 (9) In conjunction with the public defender board, the director of state courts, the departments of corrections and justice and district attorneys, the department may maintain, promote and coordinate automated justice information systems that are compatible among counties and the officers and agencies specified in this subsection, using the moneys appropriated under s. 20.505 (1) (kh), (kp), and (kq). The department shall annually report to the legislature under s. 13.172 (2) concerning the department's efforts to improve and increase the efficiency of integration of justice information systems.

AB64,172 Section 172 . 16.973 (15) of the statutes is created to read:

AB64,92,18 16.973 (15) Submit to the legislature under s. 13.172 (2) an annual report on the administration of the information technology and communication services self-funded portal.

AB64,173 Section 173. 16.978 of the statutes is created to read:

AB64,92,21 16.978 Servers. (1) “ Femrite data center” means the state facility located at 5830 Femrite Drive in the city of Madison.

AB64,92,24 (2) Each server that an executive branch agency, other than the Board of Regents of the University of Wisconsin System, uses for information technology purposes shall be housed in the Femrite data center.

AB64,93,3 (3) The secretary may grant an exemption from the requirement under sub. (2) if an executive branch agency demonstrates to the satisfaction of the secretary that a valid business reason exists for the exemption.

AB64,174 Section 174. 16.993 (10) of the statutes is repealed.

AB64,175 Section 175 . 16.9945 of the statutes is created to read:

AB64,93,18 16.9945 Information technology block grants. (1) Competitive grants. In fiscal years 2017-18 and 2018-19, the department may annually award grants on a competitive basis to eligible school districts for the purpose of improving information technology infrastructure. For purposes of awarding grants under this section, “improving information technology infrastructure” includes purchasing and installing on a bus a portable device that creates an area of wireless Internet coverage and purchasing for individuals to temporarily borrow from a school a portable device that creates an area of wireless Internet coverage. In awarding grants under this section, the department shall give priority to applications for school districts in which the percentage of pupils who satisfy the income eligibility criteria under 42 USC 1758 (b) (1) for a free or reduced-price lunch is greater than in other applicant school districts. The department shall require an applicant for a grant under this section to provide all of the following:

AB64,93,21 (a) A description of the specific information technology infrastructure, including any equipment, that the applicant intends to purchase with grant proceeds.

AB64,93,23 (b) The applicant's plan to purchase, install, and use the information technology infrastructure described in par. (a).

AB64,93,25 (c) A description of the applicant's readiness to use information technology infrastructure purchased with grant proceeds.

AB64,94,3 (2) Eligible school districts. (a) A school district is eligible for a grant under this section in fiscal year 2017-18 if the school district's membership in the previous school year divided by the school district's area in square miles is 26 or less.

AB64,94,6 (b) A school district is eligible for a grant under this section in fiscal year 2018-19 if the school district's membership in the previous school year divided by the school district's area in square miles is 13 or less.

AB64,94,9 (3) Maximum awards. The total amount the department may award to an eligible school district under sub. (1) during a fiscal biennium may not exceed the following:

AB64,94,11 (a) If the membership of the eligible school district is fewer than 750 pupils, $30,000.

AB64,94,13 (b) If the membership of the eligible school district is 750 pupils to 1,500 pupils, $40 multiplied by the school district's membership.

AB64,94,15 (c) If the membership of the eligible school district is more than 1,500 pupils, $60,000.

AB64,94,17 (4) Funding limitation. (a) The department may not award grants under this section that total more than $15,000,000 in the 2017-18 fiscal year.

AB64,94,19 (b) The department may not award grants under this section that total more than $7,500,000 in the 2018-19 fiscal year.

AB64,94,21 (5) Sunset. The department may not award grants under this section after July 1, 2019.

AB64,176 Section 176 . 17.07 (3m) of the statutes is amended to read:

AB64,94,24 17.07 (3m) Notwithstanding sub. (3), the parole commission chairperson director of parole may be removed by the governor, at pleasure.

AB64,177 Section 177. 19.11 (1) to (3) of the statutes are amended to read:

AB64,95,11 19.11 (1) The secretary of state, and treasurer and attorney general shall each furnish a bond to the state, at the time each takes and subscribes the oath of office required of that officer, conditioned for the faithful discharge of the duties of the office, and the officer's duties as a member of the board of commissioners of public lands, and in the investment of the funds arising therefrom. The bond of each of said officers shall be further conditioned for the faithful performance by all persons appointed or employed by the officer in his or her office of their duties and trusts therein, and for the delivery over to the officer's successor in office, or to any person authorized by law to receive the same, of all moneys, books, records, deeds, bonds, securities and other property and effects of whatsoever nature belonging to the officer's offices.

AB64,95,17 (2) Each of said bonds shall be subject to the approval of the governor and shall be guaranteed by resident freeholders of this state, or by a surety company as provided in s. 632.17 (2). The amount of each such bond, and the number of sureties thereon if guaranteed by resident freeholders, shall be as follows: secretary of state, $25,000, with sufficient sureties; and treasurer, $100,000, with not less than 6 sureties; and the attorney general, $10,000, with not less than 3 sureties.

AB64,95,20 (3) The attorney general shall renew the bond required under this section in a larger amount and with additional security, and the The treasurer shall give an additional bond, when required by the governor.

AB64,178 Section 178. 19.36 (3) of the statutes is amended to read:

AB64,96,2 19.36 (3) Contractors' records. Subject to sub. (12), each Each authority shall make available for inspection and copying under s. 19.35 (1) any record produced or collected under a contract entered into by the authority with a person other than an authority to the same extent as if the record were maintained by the authority. This subsection does not apply to the inspection or copying of a record under s. 19.35 (1) (am).

AB64,179 Section 179. 19.36 (12) of the statutes is repealed.

AB64,180 Section 180 . 20.002 (2) (a) of the statutes is amended to read:

AB64,96,18 20.002 (2) (a) Solely for purposes of relating annual taxes to estimated expenses, amounts withheld under s. 71.64 prior to July 1 and taxes imposed by subch. III of ch. 77 for periods ending prior to July 1 shall be deemed accrued tax receipts as of the close of the fiscal year but no revenue shall be deemed accrued tax receipts unless deposited by the state on or before the August 15 following the end of the fiscal year. Solely for purposes of relating annual taxes to estimated expenses, fees imposed under subch. II of ch. 77, taxes imposed under ss. 139.02, 139.03 (2m) and (2n), 139.31 and 139.76 and assessments imposed under s. 50.14 (2) shall be deemed accrued tax receipts as of the close of the fiscal year, but no revenue shall be deemed accrued tax receipts unless deposited by this state on or before July 31. Solely for purposes of relating annual taxes to estimated expenses, taxes imposed under s. 70.58 shall be deemed accrued tax receipts as of the close of the fiscal year, but no revenue shall be deemed accrued tax receipts unless it is deposited by this state on or before August 31.