June 30, 2013 July 1, 2013 2013 W ISCONSIN ACT 20 · 2018. 10. 26. · 2013 W isconsin Act 20 − 2...

Date of enactment: June 30, 20132013 Assembly Bill 40 Date of publication*: July 1, 2013

2013 WISCONSIN ACT 20(Vetoed in Part)

AN ACT; relating to: state finances and appropriations, constituting the executive budget act of the 2013 legislature.

The people of the state of Wisconsin, represented insenate and assembly, do enact as follows:

SECTION 1b. 1.10 (3) (t) of the statutes is created toread:

1.10 (3) (t) The kringle is the state pastry.SECTION 1c. 1.10 (4) of the statutes is amended to

read:1.10 (4) The Wisconsin Blue Book shall include the

information contained in this section concerning the statesong, ballad, waltz, dance, beverage, tree, grain, flower,bird, fish, animal, domestic animal, wildlife animal, dog,insect, fossil, mineral, rock, soil, fruit, and tartan, andpastry.

SECTION 1g. 1.12 (1) (b) of the statutes is amendedto read:

1.12 (1) (b) “State agency” means an office, depart-ment, agency, institution of higher education, the legisla-ture, a legislative service agency, the courts, a judicialbranch agency, an association, society, or other body instate government that is created or authorized to becreated by the constitution or by law, for which appropri-ations are made by law, excluding the Health InsuranceRisk−Sharing Plan Authority and the Wisconsin Eco-nomic Development Corporation.

SECTION 1p. 5.05 (2m) (c) 6. b. of the statutes isamended to read:

5.05 (2m) (c) 6. b. The board shall enter into a writtencontract with any individual who is retained as specialcounsel setting forth the terms of the engagement. Thecontract shall set forth the compensation to be paid suchcounsel by the state. The contract shall be executed onbehalf of the state by the board’s legal counsel, who shallfile the contract in the office of the secretary of state. Thecompensation shall be charged to the appropriation unders. 20.455 (1) (b) 20.505 (1) (d).

SECTION 1t. 13.09 (6) of the statutes is amended toread:

13.09 (6) The joint committee on finance shall main-tain its offices and meeting room on the first 4th floor ofthe south east wing of the capitol.

SECTION 2. 13.106 (1) (intro.) of the statutes isrepealed.

SECTION 3. 13.106 (1) (a), (b), (c), (d) and (e) of thestatutes are renumbered 13.106 (3) (ac), (ag), (aL), (ap)and (at).

SECTION 4. 13.106 (3) (intro.) of the statutes isamended to read:

13.106 (3) (intro.) By October 15 of each even−numbered year, the Medical College of Wisconsin andthe University of Wisconsin−Madison Medical Schoolshall submit a report to the governor, the joint committeeon finance, and to the chief clerk of each house of the leg-islature for distribution to the legislature under s. 13.172(2), that provides information on all of the following:

* Section 991.11, WISCONSIN STATUTES: Effective date of acts. “Every act and every portion of an act enacted by the legislature over the governor’spartial veto which does not expressly prescribe the time when it takes effect shall take effect on the day after its date of publication.”

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2013 Assembly Bill 40

SECTION 5. 13.106 (3) (a) of the statutes is renum-bered 13.106 (3) (ax).

SECTION 6. 13.106 (4) of the statutes is created toread:

13.106 (4) (a) In this subsection, “rural or under-served urban medicine program” includes the WisconsinAcademy for Rural Medicine, the Training in UrbanMedicine and Public Health program, any communitymedical education program of the Medical College ofWisconsin, and any other rural or underserved urbanmedicine program established after the effective date ofthis paragraph .... [LRB inserts date].

(b) By October 15 of each year, the Medical Collegeof Wisconsin and the University of Wisconsin−MadisonMedical School shall submit an annual report to the gov-ernor and to the chief clerk of each house of the legisla-ture for distribution to the legislature under s. 13.172 (2)that provides information on all of the following:

1. The number of students enrolled in rural or under-served urban medicine programs.

2. The medical specialties and residency locations ofthe students in rural or underserved urban medicine pro-grams.

3. The initial postresidency practice locations forgraduates of rural or underserved urban medicine pro-grams.

SECTION 6f. 13.172 (1) of the statutes is amended toread:

13.172 (1) In this section, “agency” means an office,department, agency, institution of higher education, asso-ciation, society, or other body in state governmentcreated or authorized to be created by the constitution orany law, that is entitled to expend moneys appropriatedby law, including the legislature and the courts, and anyauthority created in subch. II of ch. 114 or subch. III ofch. 149 or in ch. 231, 233, 234, 238, or 279.

SECTION 7. 13.48 (2) (b) 3. of the statutes is amendedto read:

13.48 (2) (b) 3. The Except as provided in sub. (14)(am), the building commission may lease space in build-ings described under subd. 2. to other governmental bod-ies or to nonprofit associations organized for public pur-poses and shall charge those bodies or associations anannual rental which shall be not less than the cost of oper-ating, maintaining and amortizing the construction costof the leased space.

SECTION 8. 13.48 (14) (title) of the statutes isamended to read:

13.48 (14) (title) SALE OR LEASE OF LANDS PROPERTY.SECTION 9. 13.48 (14) (a) of the statutes is amended

to read:13.48 (14) (a) In this subsection, “agency” has the

meaning given for “state agency” in s. 20.001 (1), exceptthat the term does not include the Board of Regents of theUniversity of Wisconsin System in s. 16.52 (7).

SECTION 10. 13.48 (14) (am) of the statutes is renum-bered 13.48 (14) (am) 1. and amended to read:

13.48 (14) (am) 1. Except as provided in this para-graph and subject to par. (d), the building commissionshall have the authority to sell or lease all or any part ofa state−owned building or structure or state−owned land,including farmland, where such authority is not other-wise provided to an agency by law real property unlessthe sale or lease is prohibited under the state or federalconstitution or federal law or the sale is conducted as apart of a procedure to enforce an obligation to this state,and may transfer land real property under its jurisdictionamong agencies. The commission may sell or lease prop-erty under this paragraph with or without the approval ofthe agency having jurisdiction over the property andregardless of whether the property is included in aninventory submitted under par. (d). The building com-mission does not have the authority to sell or lease anystate−owned real property under this paragraph after thedepartment of administration notifies the commission inwriting that an offer of sale or sale or lease agreementwith respect to a property is pending under s. 16.848 (1).If the sale or lease is not completed and no further actionis pending with respect to the property, the authority ofthe building commission under this paragraph is restored.

SECTION 10m. 13.48 (14) (am) 2. to 4. of the statutesare created to read:

13.48 (14) (am) 2. If the building commission pro-poses to sell or lease any property identified in subd. 1.,the commission shall first notify the joint committee onfinance in writing of its proposed action. The commis-sion shall not proceed with the proposed action unless theproposed action is approved by the committee. Togetherwith any notification, the commission shall also provideall of the following:

a. The estimated value of the property as determinedby the department of administration and by at least onequalified privately owned assessor.

b. The full cost of retiring any remaining public debtincurred to finance the acquisition, construction, orimprovement of the property.

c. A cost−benefit analysis that considers the short−term and long−term costs and benefits to the state fromselling or leasing the property.

d. The length and conditions of any proposed sale orlease between this state and a proposed purchaser or les-see.

e. The estimated budgetary impact of the proposedsale or lease upon affected state agencies for at least thecurrent and following fiscal biennium.

em. The methodology to ensure the competitive andtransparent sale of the property.

f. Any other information requested by the committee.3. Except with respect to property identified in s.

16.848 (2), if any agency has authority to sell or lease real

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property under any other law, the authority of that agencydoes not apply after the commission notifies the agencyin writing that an offer of sale or sale, or a lease agree-ment, is pending with respect to the property under thissubdivision. If the sale or lease is not completed and nofurther action is pending with respect to the property, theauthority of the agency to sell or lease the property isrestored. If the commission sells or leases any state−owned real property under this subdivision, the commis-sion may attach such conditions to the sale or lease as itfinds to be necessary or appropriate to carry out the saleor lease in the best interest of the state.

4. This paragraph does not apply to real property thatis exempted from sale or lease by the department ofadministration under s. 16.848.

SECTION 11. 13.48 (14) (b) of the statutes is amendedto read:

13.48 (14) (b) Subject to par. (d), the The buildingcommission shall sell or lease on the basis of either publicbids, with the building commission reserving the right toreject any or all bids in the best interest of the state, or onthe basis of negotiated prices as determined through acompetitive or transparent process. Buildings, structuresand land mentioned in this subsection shall be subject togeneral property taxes levied by those taxing bodieswithin whose area they lie if used for commercial pur-poses, and shall be subject to special assessments for pub-lic improvements in the same manner and to the sameextent as privately owned buildings, structures and landreal property, subject to approval of the building commis-sion when required under s. 66.0703 (6).

SECTION 12. 13.48 (14) (bg) of the statutes is createdto read:

13.48 (14) (bg) If any property that is proposed to besold by the commission under par. (am) is co−owned bya nonstate entity, the commission shall afford to thatentity the right of first refusal to purchase the share of theproperty owned by the state on reasonable financial termsestablished by the commission.

SECTION 13. 13.48 (14) (br) of the statutes is createdto read:

13.48 (14) (br) If the building commission sells orleases any real property under par. (am) that was underthe jurisdiction of an agency prior to the sale or lease, theagency shall convey all systems, fixtures, or additionalproperty interests specified by the commission to the pur-chaser or lessee of the property on terms specified by thecommission. If the commission sells or leases a state−owned heating, cooling, or power plant that is under thejurisdiction of an agency, the agency shall convey all realand personal property associated with the plant to thepurchaser or lessee on terms specified by the commis-sion.

SECTION 14. 13.48 (14) (c) of the statutes is renum-bered 13.48 (14) (c) (intro.) and amended to read:

13.48 (14) (c) (intro.) If Except as provided in par.(e), if there is any outstanding public debt used to financethe acquisition of a building, structure or land or the,construction, or improvement of a building or structureany property that is sold or leased under par. (b) (am), thebuilding commission shall deposit a sufficient amount ofthe net proceeds from the sale or lease of the building,structure or land property in the bond security andredemption fund under s. 18.09 to repay the principal andpay the interest on the debt, and any premium due uponrefunding any of that debt. Except as provided in s. 51.06(6), if If there is any outstanding public debt used tofinance the acquisition, construction, or improvement ofany property that is sold or leased under par. (am), thebuilding commission shall then provide a sufficientamount of the net proceeds from the sale or lease of theproperty for the costs of maintaining federal tax lawcompliance applicable to the debt. If the property wasacquired, constructed, or improved with federal financialassistance, the commission shall pay to the federalgovernment any of the proceeds required by federal law.If the property was acquired by gift or grant or with giftor grant funds, the commission shall adhere to anyrestriction governing use of the proceeds. Except asrequired under par. (e) and ss. 20.395 (9) (qd) and 51.06(6), if there is no such debt outstanding, or, there are nomoneys payable to the federal government, and there isno restriction governing use of the proceeds, and if the netproceeds exceed the amount required to repay thatprincipal and pay that interest and premium be deposited,paid, or used for another purpose under this subsection,the building commission shall deposit first use the netproceeds or remaining net proceeds in the budgetstabilization fund. to pay principal and interest costs onoutstanding public debt supported by the same fundingsource and issued under the same bonding purposeauthorization that was used to finance the acquisition,construction, or improvement of the property that is soldor leased under par. (am) . If any net proceeds remainthereafter, the commission shall use the proceeds to payprincipal and interest costs on other outstanding publicdebt. For the purpose of paying principal and interestcosts on other outstanding public debt under thisparagraph, the commission may cause outstanding bondsto be called for redemption on or following their optionalredemption date, establish one or more escrow accountsto redeem bonds at their optional redemption date, orpurchase bonds in the open market. To the extentpractical, the commission shall consider all of thefollowing in determining which public debt to redeem:

SECTION 15. 13.48 (14) (c) 1. to 4. of the statutes arecreated to read:

13.48 (14) (c) 1. To the extent that debt service on theproperty being sold or leased was paid from a segregated

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fund, other outstanding public debt related to that segre-gated fund should be redeemed.

2. The extent to which general obligation debt thatwas issued to acquire, build, or improve the propertybeing sold or leased is subject to current optional redemp-tion, would require establishment of an escrow, or couldbe assigned for accounting purposes to another statutorybond purpose.

3. The fiscal benefit of redeeming outstanding debtwith higher interest costs.

4. The costs of maintaining federal tax law com-pliance in the selection of general obligation debt to beredeemed.

SECTION 16. 13.48 (14) (cm) of the statutes is createdto read:

13.48 (14) (cm) If there are any outstanding revenueobligations, issued pursuant to subch. II of ch. 18, usedto finance the acquisition, construction, or improvementof any property that is sold or leased under par. (am), thecommission shall deposit a sufficient amount of the netproceeds from the sale or lease of the property in therespective redemption fund provided under s. 18.561 (5)or 18.562 (3) to repay the principal and pay the intereston the revenue obligations, and any premium due uponrefunding any of the revenue obligations. If there are anyoutstanding revenue obligations, issued pursuant tosubch. II of ch. 18, used to finance the acquisition, con-struction, or improvement of any property that is sold orleased under par. (am), the commission shall then providea sufficient amount of the net proceeds from the sale orlease of the property for the costs of maintaining federaltax law compliance applicable to the revenue obligations.For the purpose of paying principal and interest costs onother outstanding revenue obligations, the commissionmay cause outstanding revenue obligations to be calledfor redemption on or following their optional redemptiondate, establish one or more escrow accounts to redeemobligations at their optional redemption date, or purchasebonds on the open market. Except as required under par.(e) and ss. 20.395 (9) (qd) and 51.06 (6), if the net pro-ceeds exceed the amount required to be deposited, paid,or used for another purpose under this paragraph, thedepartment shall use the net proceeds or the remainingnet proceeds to pay principal and interest costs on othersimilar revenue obligations.

SECTION 17. 13.48 (14) (d) 1. of the statutes isrepealed.

SECTION 18. 13.48 (14) (d) 2. of the statutes is renum-bered 13.48 (14) (d) and amended to read:

13.48 (14) (d) Biennially, beginning on January 1,1984, each agency having surplus land 2014, eachagency other than the investment board shall submit tothe department of administration an inventory of all realproperty under its jurisdiction. Except with respect to theBoard of Regents of the University of Wisconsin System,the inventory shall include the estimated fair market

value of each property. The agency shall specificallyidentify any underutilized assets in the inventory. Nolater than July 1 following receipt of the inventories, thedepartment of administration shall obtain appraisals ofall properties in the inventories that are identified by thedepartment for potential sale and shall submit to thebuilding commission and the joint committee on financean inventory containing the location, description and fairmarket value of each parcel of surplus land property iden-tified for potential sale.



SECTION 21. 13.48 (19) of the statutes is amended toread:

13.48 (19) ALTERNATIVES TO STATE CONSTRUCTION.Whenever the building commission determines that theuse of innovative types of design and construction pro-cesses will make better use of the resources and technol-ogy available in the building industry, the building com-mission may waive any or all of s. 16.855, except s.16.855 (13) and (14m) (a) to (c), if such action is in thebest interest of the state and if the waiver is accomplishedthrough formal action of the building commission. Thebuilding commission may authorize the lease, lease pur-chase or acquisition of such facilities constructed in themanner authorized by the building commission. Subjectto the requirements of s. 20.924 (1) (i), the building com-mission may also authorize the lease, lease purchase oracquisition of existing facilities in lieu of state construc-tion of any project enumerated in the authorized statebuilding program.


13.48 (20) RESIDENCE HALLS. The Except as providedin sub. (14) (am), the building commission may approvethe sale or lease of state−owned residence halls by theboard of regents of the University of Wisconsin Systemto another state agency or a nonstate nonprofit agency forpurposes provided in s. 36.11 (1) (e).


13.48 (22) SALE OR LEASE OF CAPITOL AREA LANDS.The building commission may lease or resell landsacquired in the capitol planning area for public or privateredevelopment and may set such conditions of sale orlease as it deems necessary to ensure development com-patible with the needs of the community and the state.This subsection does not apply to lands that are autho-rized to be sold or leased under s. 16.848 while an offerof sale, sale, or lease agreement is pending or while thelands are leased.




13.48 (23) LEASE OF SPACE FOR COMMERCIAL USE. TheExcept as provided in sub. (14) (am), the building com-mission may lease space in state office buildings for com-mercial use, including without limitation because of enu-meration, retail, service and office uses. In doing so thebuilding commission shall consider the cost and fair mar-ket value of the space as well as the desirability of the pro-posed use. Such leases may be negotiated or awarded bycompetitive bid procedures. All such leases of space instate office buildings shall provide for payments in lieuof property taxes.

SECTION 24c. 13.48 (39i) of the statutes is created toread:

13.48 (39i) FAMILY JUSTICE CENTER. (a) The legisla-ture finds and determines that domestic violence affectsfamilies, especially women and children, throughout allcommunities in Wisconsin and that coordinating andcentralizing victim and victim advocacy services in com-munities would greatly benefit state residents. It is there-fore in the public interest, and it is the public policy of thisstate, to aid in the construction of a facility, to be locatedin the city of Milwaukee, to coordinate and centralize vic-tim and victim advocacy services for families affected bydomestic violence.

(b) The building commission may authorize up to$10,625,000 in general fund supported borrowing to aidin the construction of a facility, to be located at 619 WestWalnut Street in the city of Milwaukee, to coordinate andcentralize victim and victim advocacy services for fami-lies affected by domestic violence. The state fundingcommitment shall be in the form of a grant to the Chil-dren’s Hospital of Wisconsin. Before approving anystate funding commitment for construction of such afacility, the building commission shall determine that theChildren’s Hospital of Wisconsin has secured additionalfunding from nonstate sources for the project in anamount at least equal to the amount of the grant.

(c) If the building commission authorizes a grant tothe Children’s Hospital of Wisconsin under par. (b) andif, for any reason, the facility that is constructed withfunds from the grant is not used as a center for familiesaffected by domestic violence, the state shall retain anownership interest in the facility equal to the amount ofthe state’s grant.

SECTION 24e. 13.48 (39j) of the statutes is created toread:

13.48 (39j) DOMESTIC ABUSE INTERVENTION SER-VICES, INC. (a) The legislature finds and determines thatdomestic violence affects families, especially womenand children, throughout all communities in Wisconsinand that the construction of shelter facilities and officesfor providing services to domestic abuse victims wouldgreatly benefit state residents. It is therefore in the publicinterest, and it is the public policy of this state, to aid inthe construction and remodel of a shelter facility and

offices, to be located in the city of Madison, to provideservices to domestic abuse victims.

(b) The building commission may authorize up to$560,000 in general fund supported borrowing to aid inthe construction and remodel of a shelter facility andoffices, to be located at 2102 Fordem Avenue in the cityof Madison, to provide shelter and services to domesticabuse victims. The state funding commitment shall be inthe form of a grant to Domestic Abuse Intervention Ser-vices, Inc. Before approving any state funding commit-ment for expansion of such a facility, the building com-mission shall determine that Domestic AbuseIntervention Services, Inc., has secured additional fund-ing from nonstate sources for the project.

(c) If the building commission authorizes a grant toDomestic Abuse Intervention Services, Inc., under par.(b) and if, for any reason, the facility that is constructedand remodeled with funds from the grant is not used as ashelter facility and offices to provide services to domesticabuse victims, the state shall retain an ownership interestin the facility equal to the amount of the state’s grant.

SECTION 24g. 13.48 (39k) of the statutes is created toread:

13.48 (39k) MEDICAL COLLEGE OF WISCONSIN; COM-MUNITY MEDICAL EDUCATION FACILITIES. (a) The legisla-ture finds and determines that expanding access to healthcare teaching institutions would greatly benefit state resi-dents by addressing the increasing shortage of health careprofessionals available to provide care to state residents.It is therefore in the public interest, and it is the publicpolicy of this state, to assist the Medical College of Wis-consin in the remodel, development, and renovation of 2community medical education facilities in northeast Wis-consin and central Wisconsin.

(b) The building commission may authorize up to$7,384,300 in general fund supported borrowing to aid inthe remodel, development, and renovation of 2 commu-nity medical education facilities in northeast Wisconsinand central Wisconsin. The state funding commitmentshall be in the form of a grant to the Medical College ofWisconsin. Before approving any state funding commit-ment for the remodel, development, and renovation ofsuch facilities, the building commission shall determinethat the Medical College of Wisconsin has secured addi-tional funding from nonstate sources for the project in anamount at least equal to the amount of the grant.

(c) If the building commission authorizes a grant tothe Medical College of Wisconsin under par. (b) and if,for any reason, the facilities that are remodeled, devel-oped, and renovated with funds from the grant are notused as community medical education facilities, the stateshall retain an ownership interest in the facilities equal tothe amount of the state’s grant.

SECTION 24i. 13.48 (39L) of the statutes is created toread:



13.48 (39L) DANE COUNTY; LIVESTOCK FACILITIES. (a)The legislature finds and determines that the livestockand dairy industry is of vital importance to the economy,workforce, and unique way of life in Wisconsin and thatthe promotion of this industry would greatly benefit stateresidents. It is therefore in the public interest, and it is thepublic policy of this state, to aid in the construction oflivestock facilities at the Alliant Energy Center in the cityof Madison.

(b) The building commission may authorize up to$9,000,000 in general fund supported borrowing to aid inthe construction of livestock facilities at the AlliantEnergy Center in the city of Madison. The state fundingcommitment shall be in the form of a grant to DaneCounty. Before approving any state funding commit-ment for construction of such facilities, the building com-mission shall determine that Dane County has securedadditional funding from nonstate sources for the projectin an amount at least equal to the amount of the grant.

(c) If the building commission authorizes a grant toDane County under par. (b) and if, for any reason, thefacilities that are constructed with funds from the grantare not used for livestock purposes, the state shall retainan ownership interest in the facilities equal to the amountof the state’s grant.

SECTION 24j. 13.48 (39m) of the statutes is createdto read:

13.48 (39m) K I CONVENTION CENTER. (a) The legis-lature finds and determines that the meetings and conven-tions industry is of vital importance in creating jobs andcontributing to economic development throughout Wis-consin and that the promotion of this industry wouldgreatly benefit state residents. It is therefore in the publicinterest, and it is the public policy of this state, to aid inthe expansion of the K I Convention Center in the city ofGreen Bay.

(b) The building commission may authorize up to$2,000,000 in general fund supported borrowing to aid inthe expansion of the K I Convention Center in the city ofGreen Bay. The state funding commitment shall be in theform of a grant to the city of Green Bay. Before approv-ing any state funding commitment for expansion of sucha facility, the building commission shall determine thatthe city of Green Bay has secured additional fundingfrom nonstate sources for the project.

(c) If the building commission authorizes a grant tothe city of Green Bay under par. (b) and if, for any reason,the expanded space that is constructed with funds fromthe grant is not used to expand the K I Convention Centerin the city of Green Bay, the state shall retain an owner-ship interest in the expanded space equal to the amountof the state’s grant.

SECTION 24k. 13.48 (39n) of the statutes is createdto read:

13.48 (39n) WISCONSIN MARITIME CENTER OFEXCELLENCE. (a) The legislature finds and determines

that the maritime and shipbuilding industry is of vitalimportance in creating jobs and contributing to economicdevelopment throughout Wisconsin and that the promo-tion of this industry would greatly benefit state residents.It is therefore in the public interest, and it is the publicpolicy of this state, to aid in the construction of the Wis-consin Maritime Center of Excellence in MarinetteCounty.

(b) The building commission may authorize up to$5,000,000 in general fund supported borrowing to aid inthe construction of the Wisconsin Maritime Center ofExcellence in Marinette County. The state funding com-mitment shall be in the form of a grant to the MarinetteCounty Association for Business and Industry, Inc.Before approving any state funding commitment for con-struction of such a facility, the building commission shalldetermine that the Marinette County Association forBusiness and Industry, Inc., has secured additional fund-ing for the project.

(c) If the building commission authorizes a grant tothe Marinette County Association for Business andIndustry, Inc., under par. (b) and if, for any reason, thefacility that is constructed with funds from the grant is notused to promote Wisconsin’s maritime and shipbuildingindustry, the state shall retain an ownership interest in thefacility equal to the amount of the state’s grant.

SECTION 24m. 13.48 (39o) of the statutes is createdto read:

13.48 (39o) NORSKEDALEN NATURE AND HERITAGECENTER. (a) The legislature finds and determines thatpreserving the historical and archaeological heritage ofthe many immigrant groups and American Indian tribesor bands who have contributed in countless ways to Wis-consin’s cultural, social, and economic life would sub-stantially benefit state residents. It is therefore in the pub-lic interest, and it is the public policy of this state, to aidin the development of the Norskedalen Nature and Heri-tage Center heritage site in Vernon County.

(b) The building commission may authorize up to$1,048,300 in general fund supported borrowing to aid inthe development of the Norskedalen Nature and HeritageCenter heritage site in Vernon County. The state fundingcommitment shall be in the form of a grant to the Norske-dalen Nature and Heritage Center. Before approving anystate funding commitment for development of such a site,the building commission shall determine that the Norske-dalen Nature and Heritage Center has secured additionalfunding from nonstate sources for the project.

(c) If the building commission authorizes a grant tothe Norskedalen Nature and Heritage Center under par.(b) and if, for any reason, the site that is developed withfunds from the grant is not used as a historic site, the stateshall retain an ownership interest in the site equal to theamount of the state’s grant.

SECTION 25. 13.482 (2) (a) of the statutes is amendedto read:



13.482 (2) (a) For the purpose of providing housingfor state departments and agencies, including housing forstate offices and the completion of the state office build-ing, and to enable the construction, financing and ulti-mate acquisition thereof by the state, the building com-mission may acquire any necessary lands, and, subject tos. 13.48 (14) (am), lease and re−lease any lands owned bythe state and available for the purpose to the WisconsinState Public Building Corporation or other nonstock cor-poration organized under ch. 181 that is a nonprofit cor-poration, as defined in s. 181.0103 (17). The lease andre−lease shall be for a term or terms not exceeding 50years each and shall be made on the condition that suchcorporation shall construct and provide on such leasedlands such building projects, including buildings,improvements, facilities or equipment or other capitalitems, as the building commission requires, and shall re−lease the same to the building commission upon satisfac-tory terms as to the rental, maintenance and ultimateacquisition by the state as is in its best interests in thejudgment of the building commission. After such leasesand re−leases are executed and until the projects areacquired by the state, they shall be operated by the build-ing commission through the department of administra-tion, which shall have charge of such property as pro-vided in ss. 16.85 and 16.8511. The building commissionshall operate the projects in such manner as to providerevenues therefrom sufficient to pay the costs of opera-tion and maintenance of the project and to provide for thepayments due the Wisconsin State Public Building Cor-poration or other nonstock, nonprofit corporation but ifthe building commission finds and declares that the hous-ing available in any such project is in excess of the currenthousing needs or requirements of the state departmentsand agencies occupying or availing themselves of thespace in or capacity of such project, the building commis-sion need not operate such project in a manner to providerevenues therefrom sufficient to pay the costs of opera-tion and maintenance of the project and to provide for therental payments due the Wisconsin State Public BuildingCorporation or other nonstock, nonprofit corporation.

SECTION 26. 13.488 (1) (a) of the statutes is amendedto read:

13.488 (1) (a) Without limitation by reason of anyother statutes except s. 13.48 (14) (am), the power to selland to convey title in fee simple to a nonprofit−sharingcorporation any land and any existing buildings thereonowned by the state for such consideration and upon suchterms and conditions as in the judgment of the buildingcommission are in the public interest.


13.488 (1) (b) The Except as provided in s. 13.48 (14)(am), the power to lease to a nonprofit−sharing corpora-tion for terms not exceeding 50 years each any land andexisting buildings thereon owned by the state upon such

terms, conditions and rentals as in the judgment of thebuilding commission are in the public interest.

SECTION 27b. 13.62 (2) of the statutes is amended toread:

13.62 (2) “Agency” means any board, commission,department, office, society, institution of higher educa-tion, council, or committee in the state government, orany authority created in subch. II of ch. 114 or subch. IIIof ch. 149 or in ch. 231, 232, 233, 234, 237, 238, or 279,except that the term does not include a council or commit-tee of the legislature.

SECTION 27d. 13.92 (1) (bm) (intro.) of the statutesis amended to read:

13.92 (1) (bm) Revision of statutes. (intro.) The leg-islative reference bureau shall prepare copy for the bien-nial Wisconsin statutes for publication under s. 35.18 (1),and for this purpose it:

SECTION 27de. 13.92 (1) (bm) 1. of the statutes isamended to read:

13.92 (1) (bm) 1. Shall formulate and prepare a defi-nite plan for the order, classification, arrangement, print-ing and binding publication of the statutes, and prepareand at each session of the legislature present bills to thelaw revision committee of the joint legislative councilcontaining such consolidation, revision, and other matterrelating to the statutes as time permits.

SECTION 27dh. 13.92 (1) (bm) 3. of the statutes isamended to read:

13.92 (1) (bm) 3. May, where the application or effectof a statute, by its terms, depends on the time when the actcreating the statute took effect, substitute the actual effec-tive date for the various forms of expression which meanthat date, such as “when this act (or chapter, or section)takes effect”, or “after (or before) the effective date of thisact (or chapter, or section)”, in preparing copy for thebiennial printing of publishing the Wisconsin statutesunder s. 35.18 (1).

SECTION 27g. 13.92 (1) (f) of the statutes is createdto read:

13.92 (1) (f) Archives. 1. The legislative referencebureau shall permanently maintain each act publishedunder s. 35.095 (3) (a) on the Internet in an electronic fileformat that the legislative reference bureau determines tobe appropriate to allow for the continued usability of thepreviously published acts and may change the electronicfile format over time to assure continued usability.

2. The legislative reference bureau shall maintain apermanent database of the statutes published under s.35.18 (1) (b) in an electronic file format that the legisla-tive reference bureau determines to be appropriate toallow for the continued usability of the previously pub-lished statutes and may change the electronic file formatover time to assure continued usability.

3. The legislative reference bureau shall permanentlymaintain each Wisconsin administrative register pub-lished under s. 35.93 (2) on the Internet in an electronic



file format that the legislative reference bureau deter-mines to be appropriate to allow for the continued usabil-ity of the previously published registers and may changethe electronic file format over time to assure continuedusability.

4. a. The legislative reference bureau shall perma-nently maintain each chapter of the Wisconsin adminis-trative code published under s. 35.93 (3) on the Internetin an electronic file format that the legislative referencebureau determines to be appropriate to allow for the con-tinued usability of the previously published chapters andmay change the electronic file format over time to assurecontinued usability.

b. The legislative reference bureau shall print one ormore copies of each administrative code chapter pub-lished under s. 35.93 (3) and preserve the printed copiesas a permanent archive. The legislative reference bureaumay print and distribute additional copies to other agen-cies or persons as it considers to be appropriate for archi-val purposes.

SECTION 27j. 13.92 (2) (i) of the statutes is amendedto read:

13.92 (2) (i) Serve as editor of the biennial Wisconsinstatutes. In preparing each edition, if If 2 or more acts ofa legislative session affect the same statutory unit withouttaking cognizance of the effect thereon of the other actsand if the chief finds that there is no mutual inconsistencyin the changes made by each such act, the chief shallincorporate the changes made by each act into the text ofthe statutory unit and document the incorporation in anote to the section statutory unit. For each such incorpo-ration, the chief shall include in a correction bill a provi-sion formally validating the incorporation. Section990.07 is not affected by printing decisions made by thechief under this paragraph.

SECTION 27L. 13.92 (2) (j) of the statutes is amendedto read:

13.92 (2) (j) Prior to August 1 the end of each even−numbered year, report to the law revision committeethose reported opinions of the attorney general, and thosereported decisions of any federal district court, or anystate or federal appellate court, in which Wisconsin stat-utes or session laws are stated to be in conflict, ambigu-ous, anachronistic, unconstitutional, or otherwise in needof revision.

SECTION 27p. 13.92 (2m) (title), (a), (b) and (d) of thestatutes are amended to read:

13.92 (2m) (title) PRINTING PUBLICATION COSTS.(a) Printing Publication of the Wisconsin statutes

under s. 35.18 (1).(b) Printing Publication of the Wisconsin town law

forms under s. 35.20.(d) Printing Publication of the Wisconsin administra-

tive code and register under s. 35.93.SECTION 27pg. 13.92 (2m) (c) of the statutes is

repealed.

SECTION 27pk. 13.92 (4) (a) of the statutes isamended to read:

13.92 (4) (a) The legislative reference bureau shallprepare copy for publication in compile and publish theWisconsin administrative code as provided in s. 35.93(3). Whenever the legislative reference bureau receivesnotice under s. 227.40 (6) of the entry of a declaratoryjudgment determining the validity or invalidity of a rule,the legislative reference bureau shall insert an annotationof that determination in the Wisconsin administrativecode under the rule that was the subject of the determina-tion.

SECTION 27pr. 13.94 (1) (dh) of the statutes isrepealed.

SECTION 27q. 13.94 (1s) (c) 4. of the statutes isrepealed.

SECTION 27s. 13.95 (intro.) of the statutes is amendedto read:

13.95 Legislative fiscal bureau. (intro.) There iscreated a bureau to be known as the “Legislative FiscalBureau” headed by a director. The fiscal bureau shall bestrictly nonpartisan and shall at all times observe the con-fidential nature of the research requests received by it;however, with the prior approval of the requester in eachinstance, the bureau may duplicate the results of itsresearch for distribution. Subject to s. 230.35 (4) (a) and(f), the director or the director’s designated employeesshall at all times, with or without notice, have access toall state agencies, the University of Wisconsin Hospitalsand Clinics Authority, the Wisconsin Aerospace Author-ity, the Health Insurance Risk−Sharing Plan Authority,the Lower Fox River Remediation Authority, the Wis-consin Economic Development Corporation, and the FoxRiver Navigational System Authority, and to any books,records, or other documents maintained by such agenciesor authorities and relating to their expenditures, reve-nues, operations, and structure.


14.11 (2) (b) When special counsel is employed, acontract in writing shall be entered into between the stateand such counsel, in which shall be fixed the compensa-tion to be paid such counsel by the state. The contractshall be executed in behalf of the state by the governor,and shall be filed in the office of the secretary of state.Such compensation shall be charged to the special coun-sel appropriation in s. 20.455 (1) (b) 20.505 (1) (d).

SECTION 28m. 14.58 (4) of the statutes is created toread:

14.58 (4) UNCLAIMED PROPERTY PROGRAM. Provideservices related to the promotion of the unclaimed prop-erty program under ch. 177 in consultation with the secre-tary of revenue.




15.01 (6) “Division,” “bureau,” “section,” and “unit”means the subunits of a department or an independentagency, whether specifically created by law or created bythe head of the department or the independent agency forthe more economic and efficient administration andoperation of the programs assigned to the department orindependent agency. The office of justice assistance inthe department of administration and the office of creditunions in the department of financial institutions, theoffice of the inspector general in the department of chil-dren and families, the office of the inspector general inthe department of health services, and the office of chil-dren’s mental health in the department of health serviceshave the meaning of “division” under this subsection.The office of the long−term care ombudsman under theboard on aging and long−term care and the office of edu-cational accountability in the department of publicinstruction have the meaning of “bureau” under this sub-section.

SECTION 30. 15.02 (3) (c) 1. of the statutes isamended to read:

15.02 (3) (c) 1. The principal subunit of the depart-ment is the “division”. Each division shall be headed byan “administrator”. The office of justice assistance in thedepartment of administration and the office of creditunions in the department of financial institutions and theoffice of children’s mental health in the department ofhealth services have the meaning of “division” and theexecutive staff director of the office of justice assistancein the department of administration and the director ofcredit unions in the department of financial institutionsand the director of the office of children’s mental healthin the department of health services have the meaning of“administrator” under this subdivision.

SECTION 31. 15.05 (3) of the statutes is repealed andrecreated to read:

15.05 (3) ASSISTANT DEPUTY SECRETARY AND EXECU-TIVE ASSISTANT. (a) Each secretary may appoint an assist-ant deputy secretary to serve at his or her pleasure outsidethe classified service. The assistant deputy secretaryshall perform duties as the secretary prescribes.

(b) The attorney general, the adjutant general, thedirector of the technical college system, and the statesuperintendent of public instruction may appoint anexecutive assistant to serve at his or her pleasure outsidethe classified service. The executive assistant shall per-form duties as his or her appointing authority prescribes.

SECTION 32. 15.05 (5) (title) of the statutes isamended to read:

15.05 (5) (title) EXECUTIVE ASSISTANT DEPUTY SECRE-TARY AND EXECUTIVE ASSISTANT APPROVALS.

SECTION 33. 15.06 (3) (a) 4. of the statutes is createdto read:

15.06 (3) (a) 4. The members of the employment rela-tions commission.

SECTION 34. 15.06 (3) (c) of the statutes is created toread:

15.06 (3) (c) Each member of the employment rela-tions commission shall be appointed to two−thirds of afull−time equivalent position. No member may engagein any other occupation, business, or activity that is in anyway inconsistent with the performance of the member’sduties nor shall the member hold any other public office.

SECTION 35. 15.06 (4m) of the statutes is amended toread:

15.06 (4m) EXECUTIVE ASSISTANT. Each commissionchairperson under s. 230.08 (2) (m) and each commis-sioner of the public service commission may appoint anexecutive assistant to serve at his or her pleasure outsidethe classified service. The executive assistant shall per-form duties as the chairperson or commissioner pre-scribes.

SECTION 37. 15.105 (19) of the statutes is repealed.SECTION 38. 15.107 (18) (b) 1. of the statutes is

amended to read:15.107 (18) (b) 1. The executive director of the office

of justice assistance attorney general, the adjutant gen-eral, the secretary of natural resources, the secretary oftransportation, and a representative from the departmentof administration with knowledge of informationtechnology, or their designees.

SECTION 39. 15.193 of the statutes is created to read:15.193 Same; specified divisions. (1) OFFICE OF

THE INSPECTOR GENERAL. There is created in the depart-ment of health services an office of the inspector general.

SECTION 40. 15.194 of the statutes is created to read:15.194 Same; offices. (1) OFFICE OF CHILDREN’S

MENTAL HEALTH. There is created an office of children’smental health in the department of health services. Thedirector of the office shall be appointed by the governorto serve at the pleasure of the governor.

SECTION 40m. 15.204 of the statutes is created toread:

15.204 Same; offices. (1) OFFICE OF THE INSPECTORGENERAL. There is created an office of the inspector gen-eral in the department of children and families. Theinspector general shall be appointed by, and reportdirectly to, the secretary of children and families.

SECTION 43. 15.255 (1) (a) 1. of the statutes isamended to read:

15.255 (1) (a) 1. Six Seven representatives of locallaw enforcement in this state, at least one of whom shallbe a sheriff and at least one of whom shall be a chief ofpolice.

SECTION 44. 15.255 (1) (a) 7. of the statutes isrepealed.

SECTION 47. 15.58 of the statutes is renumbered15.225 (2) and amended to read:

15.225 (2) EMPLOYMENT RELATIONS COMMISSION;CREATION. There is created an employment relations



commission which is attached to the department of work-force development under s. 15.03, except the budget ofthe employment relations commission shall be trans-mitted by the department to the governor without changeor modification by the department, unless agreed to bythe employment relations commission.

SECTION 49m. 16.002 (2) of the statutes is amendedto read:

16.002 (2) “Departments” means constitutionaloffices, departments, and independent agencies andincludes all societies, associations, and other agencies ofstate government for which appropriations are made bylaw, but not including authorities created in subch. II ofch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233,234, 237, 238, or 279.

SECTION 49n. 16.004 (4) of the statutes is amendedto read:

16.004 (4) FREEDOM OF ACCESS. The secretary andsuch employees of the department as the secretary desig-nates may enter into the offices of state agencies andauthorities created under subch. II of ch. 114 and subch.III of ch. 149 and under chs. 231, 233, 234, 237, 238, and279, and may examine their books and accounts and anyother matter that in the secretary’s judgment should beexamined and may interrogate the agency’s employeespublicly or privately relative thereto.

SECTION 49p. 16.004 (5) of the statutes is amendedto read:

16.004 (5) AGENCIES AND EMPLOYEES TO COOPERATE.All state agencies and authorities created under subch. IIof ch. 114 and subch. III of ch. 149 and under chs. 231,233, 234, 237, 238, and 279, and their officers andemployees, shall cooperate with the secretary and shallcomply with every request of the secretary relating to hisor her functions.

SECTION 49r. 16.004 (12) (a) of the statutes isamended to read:

16.004 (12) (a) In this subsection, “state agency”means an association, authority, board, department, com-mission, independent agency, institution, office, society,or other body in state government created or authorizedto be created by the constitution or any law, including thelegislature, the office of the governor, and the courts, butexcluding the University of Wisconsin Hospitals andClinics Authority, the Wisconsin Aerospace Authority,the Health Insurance Risk−Sharing Plan Authority, theLower Fox River Remediation Authority, the WisconsinEconomic Development Corporation, and the Fox RiverNavigational System Authority.

SECTION 50. 16.004 (15) (a) of the statutes isamended to read:

16.004 (15) (a) In this subsection, “state agency”means a any office, department, or independent agencyin the executive branch of state government that has asecretary who serves at the pleasure of the governor.

SECTION 51. 16.004 (15) (b) of the statutes isrepealed and recreated to read:

16.004 (15) (b) 1. At its own discretion, the depart-ment may provide legal services to any state agency thathas a secretary who serves at the pleasure of the governorand shall assess the state agency for legal services pro-vided by the division of legal services.

2. At the request of any state agency that does nothave a secretary who serves at the pleasure of the gover-nor, the department may provide legal services to thestate agency and shall assess the state agency for legalservices provided by the division of legal services.

3. The department shall credit all moneys receivedfrom state agencies under this paragraph to the appropria-tion account under s. 20.505 (1) (kr).

SECTION 53. 16.004 (18) of the statutes is created toread:

16.004 (18) INTERGOVERNMENTAL AFFAIRS OFFICES.The secretary may maintain intergovernmental affairsoffices to conduct public outreach and promote coordina-tion between agencies, as defined in s. 16.70 (1e), andauthorities, as defined in s. 16.70 (2).

SECTION 54c. 16.045 (1) (a) of the statutes isamended to read:

16.045 (1) (a) “Agency” means an office, depart-ment, independent agency, institution of higher educa-tion, association, society, or other body in state govern-ment created or authorized to be created by theconstitution or any law, that is entitled to expend moneysappropriated by law, including the legislature and thecourts, but not including an authority created in subch. IIof ch. 114 or subch. III of ch. 149 or in ch. 231, 232, 233,234, 237, 238, or 279.

SECTION 54m. 16.08 of the statutes is created to read:16.08 Reimbursement of businesses for assisting

local governmental units in establishing efficiencyprograms. (1) In this section:

(a) “Business” means a sole proprietorship, partner-ship, limited liability company, joint venture, corpora-tion, or other organization or enterprise, whether oper-ated for profit or not for profit.

(b) “Chief elected official” means the mayor of a cityor, if the city is organized under subch. I of ch. 64, thepresident of the council of that city, the village presidentof a village, the town board chairperson of a town, or thecounty executive of a county, or, if the county does nothave a county executive, the chairperson of the countyboard of supervisors.

(c) “Lean program” means a program established bya governmental unit to increase the value of the goods andservices it provides with the fewest possible resources.Such a program should develop administrative structuresand processes that minimize human effort, building andoffice space, capital, and time in the provision of goodsand services.



(d) “Local governmental unit” means a city, village,town, or county.

(2) (a) A local governmental unit may enter into anagreement with a business to assist the local governmen-tal unit in establishing a lean program. A local govern-mental unit that enters into such an agreement shall estab-lish a steering committee to oversee the implementationof the lean program.

(b) After providing assistance to a local governmen-tal unit, the business shall submit to the local governmen-tal unit an invoice for the cost of its services. A businessmay not submit an invoice for the cost of any servicesprovided by another entity that performed services for thebusiness.

(c) After the local governmental unit has establishedits lean program, the chief elected official of the localgovernmental unit to which an invoice is submitted underpar. (b) shall certify the invoice and submit the certifiedinvoice to the department for reimbursement. An invoicemay be submitted not more than 2 times in any 5−yearperiod.

(3) From the appropriation account under s. 20.505(1) (dv), the department shall pay directly to businessesthe amounts in the certified invoices submitted undersub. (2) (c), subject to a maximum payment of $2,000 perinvoice. If the department determines that the amount ofmoneys appropriated under s. 20.505 (1) (dv) is not suffi-cient to pay the amounts in the certified invoices, thedepartment may prorate the amount of its payments.

(4) Each local governmental unit that establishes alean program with the assistance of a business thatreceived a reimbursement under sub. (3) shall submit areport to the department describing and documenting theachieved efficiencies under the program. The local gov-ernmental unit shall submit the report no later than oneyear after establishing its lean program.

(5) If the department enters into an agreement witha business to provide services for a lean program, thedepartment shall ensure that the business agrees to pro-vide services to any local governmental unit for its leanprogram at the same rate.

SECTION 54s. 16.15 (1) (ab) of the statutes isamended to read:

16.15 (1) (ab) “Authority” has the meaning givenunder s. 16.70 (2), but excludes the University of Wiscon-sin Hospitals and Clinics Authority, the Lower Fox RiverRemediation Authority, and the Wisconsin EconomicDevelopment Corporation, and the Health InsuranceRisk−Sharing Plan Authority.

SECTION 55. 16.283 (1) (b) 3. of the statutes isamended to read:

16.283 (1) (b) 3. A person who is in receipt of anaward from the U.S. department of veterans affairs of aservice−connected disability rating under 38 USC 1114or 1134 of at least 30 20 percent.

SECTION 56. 16.283 (3) (b) of the statutes is renum-bered 16.283 (3) (b) 1m.

SECTION 57. 16.283 (3) (b) 2m. of the statutes iscreated to read:

16.283 (3) (b) 2m. The department may, without con-ducting an investigation, certify a business, financialadviser, or investment firm having its principal place ofbusiness in this state and currently performing a usefulbusiness function if the business, financial advisor, orinvestment firm is certified, or otherwise classified, as adisabled veteran−owned business, financial advisor, orinvestment firm by an agency or municipality of this oranother state, a federally recognized American Indiantribe, or the federal government, or by a private businesswith expertise in certifying disabled veteran−ownedbusinesses if the business uses substantially the sameprocedures the department uses in making a determina-tion under subd. 1m.

SECTION 58. 16.283 (3) (d) of the statutes is amendedto read:

16.283 (3) (d) If a business, financial adviser, orinvestment firm applying for certification under this sec-tion fails to provide the department with sufficient infor-mation to enable the department to conduct an investiga-tion under par. (b) 1m. or does not qualify for certificationunder par. (b), the department shall deny the application.A business, financial adviser, or investment firm whoseapplication is denied may, within 30 days after the dateof the denial, appeal in writing to the secretary. The sec-retary shall enter his or her final decision within 30 daysafter receiving the appeal.


16.285 (1) (b) The department shall implement a pro-gram for the certification of woman−owned businesses.The department shall compile and periodically update alist of businesses certified under this section and shallmake the list available to the public on the Internet may,without conducting an investigation, certify a businesscurrently performing a useful business function in thisstate as a woman−owned business if the business is certi-fied, or otherwise classified, as a woman−owned busi-ness by an agency or municipality of this or another state,a federally recognized American Indian tribe, or the fed-eral government, or by a private business with expertisein certifying woman−owned businesses if the businessuses substantially the same process as the departmentpromulgates by rule for implementing this subsection.


16.285 (2) The department shall develop, maintain,and keep current a computer database of businesses in thestate that are owned by women, containing demographicstatistics and information on the types of industries repre-sented, sales volume and growth rates, generation of jobs

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by both new and existing businesses, and any other rele-vant characteristics. The department shall compile andperiodically update a list of businesses certified undersub. (1) and make the list available to the public on theInternet.

SECTION 61. 16.287 (2) (c) of the statutes is amendedto read:

16.287 (2) (c) The department, without investigation,may certify a business incorporated in this state or havingits principal place of business in this state if the businessis certified or otherwise classified as a minority businessby an agency or municipality of this or another state, afederally recognized American Indian tribe, or the fed-eral government, or by a private business with expertisein certifying minority businesses if the private businessuses substantially the same procedures as those used bythe department in making a determination under par. (b).

SECTION 62. 16.287 (2) (e) of the statutes is amendedto read:

16.287 (2) (e) If a business refuses to provide thedepartment with sufficient information to enable it toconduct an investigation under par. (b) or if the businessdoes not qualify for certification under par. (b), (c) or (d),the department shall deny the application. A businesswhose application is denied may, within 30 days after thedate of the denial, appeal in writing to the secretary. Thesecretary shall enter his or her final decision within 30days after receiving the appeal.

SECTION 63. 16.309 (title) of the statutes is amendedto read:

16.309 (title) Community development blockgrant housing programs.


16.309 (1) The department may administer housingprograms, including the housing improvement grant pro-gram and, the initial rehabilitation grant program, thecommunity development grant program, and the revolv-ing loan fund program, that are funded by a communitydevelopment block grant, 42 USC 5301 to 5320.


16.310 (5) NONAPPLICATION. This section does notapply to property that is authorized to be sold under orleased as provided in s. 16.848 while an offer of sale, sale,or lease agreement is pending or while the property isleased.

SECTION 65am. 16.41 (4) of the statutes is amendedto read:

16.41 (4) In this section, “authority” means a bodycreated under subch. II of ch. 114 or subch. III of ch. 149or under ch. 231, 233, 234, 237, 238, or 279.

SECTION 65b. 16.413 (title) of the statutes isamended to read:

16.413 (title) Disclosure of expenditures relatingto state agency government operations and stateagency government contracts and grants.

SECTION 65d. 16.413 (1) (bm) of the statutes iscreated to read:

16.413 (1) (bm) “Municipality” means a city, village,or town having a population of 5,000 or more or a county.

SECTION 65f. 16.413 (4) of the statutes is created toread:

16.413 (4) MUNICIPAL EXPENDITURES FOROPERATIONS. (a) Beginning on September 1, 2016, thedepartment shall ensure that all municipal expendituresfor municipal operations exceeding $100, includingsalaries and fringe benefits paid to municipal employees,are available for inspection on the searchable InternetWeb site under sub. (2) (a). Copies of each financialinstrument relating to these expenditures, other thanpayments relating to municipal employee salaries, shallbe available for inspection on the searchable InternetWeb site under sub. (2) (a).

(b) The department shall categorize the expenditureinformation under par. (a) by municipality, expenditurecategory, expenditure amount, and the person to whomthe expenditure is made. If any of the expenditureinformation may be found on other Web sites, thedepartment shall ensure that the information is accessiblethrough the searchable Internet Web site under sub. (2)(a).

(c) Beginning on September 1, 2016, municipalitiesshall provide the department with all expenditureinformation required under par. (a). The department mayspecify the format in which municipalities provide theexpenditure information.

SECTION 65h. 16.413 (5) of the statutes is created toread:

16.413 (5) MUNICIPAL CONTRACTS AND GRANTS. (a)Beginning on September 1, 2016, the department shallensure that all of the following information relating toeach grant made by a municipality or contract enteredinto by a municipality is available for inspection on thesearchable Internet Web site under sub. (2) (a):

1. A copy of the contract and grant award.2. The municipality making the grant or entering into

the contract.3. The name and address of the person receiving the

grant or entering into the contract.4. The purpose of the grant or contract.5. The amount of the grant or the amount the

municipality must expend under the contract and thename of the municipal fund from which the grant is paidor moneys are expended under the contract.

(b) Beginning on September 1, 2016, municipalitiesshall provide the department with all of the informationrequired under par. (a). The department may specify the

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format in which municipalities provide the information.The department shall make the information available onthe searchable Internet Web site under sub. (2) (a).

SECTION 65p. 16.417 (1) (a) of the statutes isamended to read:

16.417 (1) (a) “Agency” means an office, depart-ment, independent agency, institution of higher educa-tion, association, society, or other body in state govern-ment created or authorized to be created by theconstitution or any law, that is entitled to expend moneysappropriated by law, including the legislature and thecourts, but not including an authority or the body createdunder subch. III of ch. 149.

SECTION 65r. 16.42 (3) of the statutes is created toread:

16.42 (3) The department shall include in its agencyrequest under sub. (1) a proposal to eliminate any coun-cil, board, or commission that has not held a meetingsince the preceding September 15, unless the council,board, or commission is required to exist under federallaw.

SECTION 67b. 16.505 (2m) of the statutes is amendedto read:

16.505 (2m) The board of regents of the Universityof Wisconsin System or the chancellor of the Universityof Wisconsin−Madison may create or abolish a full−timeequivalent position or portion thereof, other than posi-tions funded from the appropriation under s. 20.285 (1)(a). Beginning on July 1, 2013 2015, all positions autho-rized for the University of Wisconsin shall not beincluded in any state position report. No later than the lastday of the month following completion of each calendarquarter, the board of regents shall report to the depart-ment and the cochairpersons of the joint committee onfinance concerning the number of full−time equivalentpositions created or abolished by the board under thissubsection during the preceding calendar quarter and thesource of funding for each such position.

SECTION 67d. 16.52 (7) of the statutes is amended toread:

16.52 (7) PETTY CASH ACCOUNT. With the approvalof the secretary, each agency that is authorized to main-tain a contingent fund under s. 20.920 may establish apetty cash account from its contingent fund. The proce-dure for operation and maintenance of petty cashaccounts and the character of expenditures therefromshall be prescribed by the secretary. In this subsection,“agency” means an office, department, independentagency, institution of higher education, association, soci-ety, or other body in state government created or autho-rized to be created by the constitution or any law, that isentitled to expend moneys appropriated by law, includingthe legislature and the courts, but not including an author-ity created in subch. II of ch. 114 or subch. III of ch. 149or in ch. 231, 233, 234, 237, 238, or 279.

SECTION 67f. 16.528 (1) (a) of the statutes isamended to read:

16.528 (1) (a) “Agency” means an office, depart-ment, independent agency, institution of higher educa-tion, association, society, or other body in state govern-ment created or authorized to be created by theconstitution or any law, that is entitled to expend moneysappropriated by law, including the legislature and thecourts, but not including an authority created in subch. IIof ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234,237, 238, or 279.

SECTION 67h. 16.53 (2) of the statutes is amended toread:

16.53 (2) IMPROPER INVOICES. If an agency receivesan improperly completed invoice, the agency shall notifythe sender of the invoice within 10 working days after itreceives the invoice of the reason it is improperly com-pleted. In this subsection, “agency” means an office,department, independent agency, institution of highereducation, association, society, or other body in stategovernment created or authorized to be created by theconstitution or any law, that is entitled to expend moneysappropriated by law, including the legislature and thecourts, but not including an authority created in subch. IIof ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234,237, 238, or 279.

SECTION 67i. 16.531 (4) of the statutes is created toread:

16.531 (4) This section does not apply to actual orprojected imbalances in the unemployment reserve fundor to loans to the fund made under s. 20.002 (11) (b) 3m.

SECTION 67j. 16.54 (9) (a) 1. of the statutes isamended to read:

16.54 (9) (a) 1. “Agency” means an office, depart-ment, independent agency, institution of higher educa-tion, association, society or other body in state govern-ment created or authorized to be created by theconstitution or any law, which is entitled to expend mon-eys appropriated by law, including the legislature and thecourts, but not including an authority created in subch. IIof ch. 114 or subch. III of ch. 149 or in ch. 231, 233, 234,237, 238, or 279.

SECTION 68c. 16.70 (2) of the statutes is amended toread:

16.70 (2) “Authority” means a body created undersubch. II of ch. 114 or subch. III of ch. 149 or under ch.231, 232, 233, 234, 237, or 279.

SECTION 74. 16.701 (title) of the statutes is amendedto read:

16.701 (title) Subscription service and procure-ment system.

SECTION 75. 16.701 (1m) of the statutes is created toread:

16.701 (1m) The department may provide an elec-tronic procurement system to manage all aspects of pro-

VetoedIn Part



curement under this subchapter. The electronic procure-ment system may supplement or supplant thesubscription service under sub. (1), and the departmentmay permit prospective vendors to provide product orservice information, as provided in sub. (2), through theelectronic procurement system. If the department pro-vides an electronic procurement system under this sub-section, the department may require that an agency usethe system. The department may assess agencies andvendors for the costs of the system under this subsectionin accordance with a method the department develops.

SECTION 77. 16.7015 of the statutes is amended toread:

16.7015 Bidders list. The department may maintaina bidders list. Any agency to which the department dele-gates purchasing authority under s. 16.71 (1) may main-tain a bidders list if authorized by the delegation. Thebidders list shall include the names and addresses of allpersons who request to be notified of bids or competitivesealed proposals, excluding those to be awarded under s.16.75 (1) (c) or (2m) (c), that are solicited by the depart-ment or other agency for the procurement of materials,supplies, equipment, or contractual services under thissubchapter. Any bidders list maintained by the depart-ment may include the names and addresses of any personwho requests to be notified of bids or competitive sealedproposals that are solicited by any agency. The depart-ment or other agency shall notify each person on its thebidders list of all bids or competitive sealed proposalsthat are solicited by the department or other agency. Thedepartment or other agency may remove any person fromits the bidders list for cause.

SECTION 79. 16.705 (1b) (intro.) and (c) of the stat-utes are created to read:

16.705 (1b) (intro.) The determinations under sub.(1) do not apply to a contract entered into by any of thefollowing:

(c) The department under s. 16.848 (1).SECTION 80. 16.705 (1m) of the statutes is renum-

bered 16.705 (1b) (a) and amended to read:16.705 (1b) (a) Subsection (1) does not apply to con-

tracts entered into by the The service award board unders. 16.25 (4) (b).

SECTION 81. 16.705 (1n) of the statutes, as affectedby 2011 Wisconsin Act 266, is renumbered 16.705 (1b)(b) and amended to read:

16.705 (1b) (b) Subsection (1) does not apply to acontract entered into by the The department of correc-tions for global positioning system tracking servicesunder s. 301.48 (3) or 301.49.

SECTION 83. 16.705 (2) of the statutes, as affected by2011 Wisconsin Act 32, is renumbered 16.705 (2) (a) andamended to read:

16.705 (2) (a) The department shall promulgate rulesfor the procurement of contractual services by the depart-ment and its designated agents, including but not limited

to rules prescribing approval and monitoring processesfor contractual service contracts,; except as provided inpar. (b), a requirement for agencies, except for the Uni-versity of Wisconsin System, to conduct a uniform cost−benefit analysis of each proposed contractual service pro-curement involving an estimated expenditure of morethan $25,000 $50,000 in accordance with standards pre-scribed in the rules,; and, except as provided in par. (b),a requirement for agencies, except for the University ofWisconsin System, to review periodically, and beforeany renewal, the continued appropriateness of contract-ing under each contractual services agreement involvingan estimated expenditure of more than $25,000 $50,000.

(c) Each officer requesting approval to engage anyperson to perform contractual services shall submit to thedepartment written justification for such contractingwhich shall include a description of the contractual ser-vices to be procured, justification of need, justificationfor not contracting with other agencies, a specificdescription of the scope of contractual services to be per-formed, and justification for the procurement process ifa process other than competitive bidding is to be used.The department may not approve any contract for con-tractual services unless it is satisfied that the justificationfor contracting conforms to the requirements of this sec-tion and ss. 16.71 to 16.77.

SECTION 84. 16.705 (2) (b) of the statutes is createdto read:

16.705 (2) (b) A cost−benefit analysis or continuedappropriateness review is not required for the followingservices:

1. Services that federal or state law requires to be per-formed by contract.

2. Services that must be provided per a contract,license, or warranty, by the original equipment manufac-turer or publisher.

3. Services that cannot be performed by stateemployees because the state lacks the required infrastruc-ture.

4. Web−based software application services that aredelivered and managed remotely.

SECTION 91c. 16.72 (2) (e) (intro.) of the statutes isamended to read:

16.72 (2) (e) (intro.) In writing the specificationsunder this subsection, the department and any other des-ignated purchasing agent under s. 16.71 (1) shall incorpo-rate requirements for the purchase of products made fromrecycled materials and recovered materials if their use istechnically and economically feasible. Each authorityother than the University of Wisconsin Hospitals andClinics Authority, and the Lower Fox River RemediationAuthority, and the Health Insurance Risk−Sharing PlanAuthority, in writing specifications for purchasing by theauthority, shall incorporate requirements for the purchaseof products made from recycled materials and recoveredmaterials if their use is technically and economically fea-

http://docs.legis.wisconsin.gov/document/acts/2011/266http://docs.legis.wisconsin.gov/document/acts/2011/32



sible. The specifications shall include requirements forthe purchase of the following materials:

SECTION 92c. 16.72 (2) (f) of the statutes is amendedto read:

16.72 (2) (f) In writing specifications under this sub-section, the department, any other designated purchasingagent under s. 16.71 (1), and each authority other than theUniversity of Wisconsin Hospitals and Clinics Authority,and the Lower Fox River Remediation Authority, and theHealth Insurance Risk−Sharing Plan Authority shallincorporate requirements relating to the recyclability andultimate disposition of products and, wherever possible,shall write the specifications so as to minimize theamount of solid waste generated by the state, consistentwith the priorities established under s. 287.05 (12). Allspecifications under this subsection shall discourage thepurchase of single−use, disposable products and require,whenever practical, the purchase of multiple−use, dura-ble products.

SECTION 97. 16.75 (1) (a) 1. of the statutes isamended to read:

16.75 (1) (a) 1. All orders awarded or contracts madeby the department for all materials, supplies, equipment,and contractual services to be provided to any agency,except as otherwise provided in par. (c) and subs. (2),(2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m)and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 16.964(8), 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15(7), shall be awarded to the lowest responsible bidder,taking into consideration life cycle cost estimates undersub. (1m), when appropriate, the location of the agency,the quantities of the articles to be supplied, their confor-mity with the specifications, and the purposes for whichthey are required and the date of delivery.

SECTION 102c. 16.75 (1m) of the statutes is amendedto read:

16.75 (1m) The department shall award each orderor contract for materials, supplies or equipment on thebasis of life cycle cost estimates, whenever such actionis appropriate. Each authority other than the Universityof Wisconsin Hospitals and Clinics Authority, the LowerFox River Remediation Authority, and the WisconsinAerospace Authority, and the Health Insurance Risk−Sharing Plan Authority shall award each order or contractfor materials, supplies or equipment on the basis of lifecycle cost estimates, whenever such action is appropri-ate. The terms, conditions and evaluation criteria to beapplied shall be incorporated in the solicitation of bids orproposals. The life cycle cost formula may include, butis not limited to, the applicable costs of energy efficiency,acquisition and conversion, money, transportation, ware-housing and distribution, training, operation and mainte-nance and disposition or resale. The department shallprepare documents containing technical guidance for thedevelopment and use of life cycle cost estimates, and

shall make the documents available to local governmen-tal units.

SECTION 111. 16.75 (3m) (b) 1. of the statutes isamended to read:

16.75 (3m) (b) 1. The department, any agency towhich the department delegates purchasing authorityunder s. 16.71 (1), and any agency making purchasesunder s. 16.74 shall attempt to ensure that 5 percent of thetotal amount expended under this subchapter in each fis-cal year is paid to minority businesses.


16.75 (3m) (b) 2. The department, any agency towhich the department delegates purchasing authorityunder s. 16.71 (1), and any agency making purchasesunder s. 16.74 shall make efforts to ensure that a portionof the total amount expended under this subchapter ineach fiscal year is paid to disabled veteran−owned busi-nesses.


16.75 (3m) (b) 3. Except as provided under sub. (7),the department, any agency to which the department del-egates purchasing authority under s. 16.71 (1), and anyagency making purchases under s. 16.74 may purchasematerials, supplies, equipment, and contractual servicesfrom any minority business or disabled veteran−ownedbusiness, or a business that is both a minority businessand a disabled veteran−owned business, submitting aqualified responsible competitive bid that is no more than5 percent higher than the apparent low bid or competitiveproposal that is no more than 5 percent higher than themost advantageous proposal. In administering the pref-erence for minority businesses or disabled veteran−owned businesses established in this paragraph, thedepartment, the delegated agency, and any agency mak-ing purchases under s. 16.74 shall maximize the use ofminority businesses or disabled veteran−owned busi-nesses which are incorporated under ch. 180 or whichhave their principal place of business in this state.

SECTION 114b. 16.75 (3t) (c) (intro.) of the statutesis renumbered 16.75 (3t) (c) and amended to read:

16.75 (3t) (c) The department of corrections shallperiodically provide to the department of administrationa current list of all materials, supplies, equipment, orcontractual services, excluding commodities, that aresupplied by prison industries, as created under s. 303.01.The department of administration shall distribute the listto all designated purchasing agents under s. 16.71 (1).

(d) 1. Except as otherwise provided in thissubdivision and in sub. (6) (am), prior to seeking bids orcompetitive sealed proposals with respect to the purchaseof any materials, supplies, equipment, or contractualservices enumerated in the list provided under par. (c),except for furniture as provided in subd. 2., the

VetoedIn Part



department of administration or any other designatedpurchasing agent under s. 16.71 (1) shall offer prisonindustries the opportunity to supply the materials,supplies, equipment, or contractual services if thedepartment of corrections is able to provide them at aprice that is equal to or lower than one which may beobtained through competitive bidding or competitivesealed proposals and is able to conform to thespecifications. If the department of administration orother purchasing agent is unable to determine whetherthe price of prison industries is equal to or lower than oneobtained through competitive bidding or competitivesealed proposals, it may solicit bids or competitiveproposals before awarding the order or contract. Thisparagraph

(e) Paragraph (d) 1. does not apply to the printing ofthe following forms:

SECTION 114bd. 16.75 (3t) (d) 2. of the statutes iscreated to read:

16.75 (3t) (d) 2. Except as otherwise provided in thissubdivision, prior to seeking bids or competitive sealedproposals with respect to the purchase of any furnitureenumerated in the list provided under par. (c), thedepartment of administration or any other designatedpurchasing agent under s. 16.71 (1) shall offer prisonindustries the opportunity to supply the furniture if thedepartment of corrections is able to provide it at a pricethat is comparable to one that may be obtained throughcompetitive bidding or competitive sealed proposals andis able to conform to the specifications. If the departmentof administration or other purchasing agent is unable todetermine whether the price of prison industries iscomparable to one obtained through competitive biddingor competitive sealed proposals, it may solicit bids orcompetitive proposals before awarding the order orcontract.

SECTION 118c. 16.75 (8) (a) 1. of the statutes isamended to read:

16.75 (8) (a) 1. The department, any other designatedpurchasing agent under s. 16.71 (1), any agency makingpurchases under s. 16.74, and each authority other thanthe University of Wisconsin Hospitals and ClinicsAuthority, and the Lower Fox River RemediationAuthority, and the Health Insurance Risk−Sharing PlanAuthority shall, to the extent practicable, make purchas-ing selections using specifications developed under s.16.72 (2) (e) to maximize the purchase of materials utiliz-ing recycled materials and recovered materials.

SECTION 118e. 16.75 (8) (a) 2. of the statutes isamended to read:

16.75 (8) (a) 2. Each agency and authority other thanthe University of Wisconsin Hospitals and ClinicsAuthority, and the Lower Fox River RemediationAuthority, and the Health Insurance Risk−Sharing PlanAuthority shall ensure that the average recycled or recov-ered content of all paper purchased by the agency or

authority measured as a proportion, by weight, of thefiber content of paper products purchased in a fiscal year,is not less than 40% of all purchased paper.

SECTION 119c. 16.75 (9) of the statutes is amendedto read:

16.75 (9) The department, any other designated pur-chasing agent under s. 16.71 (1), any agency making pur-chases under s. 16.74, and any authority other than theUniversity of Wisconsin Hospitals and Clinics Authority,and the Lower Fox River Remediation Authority, and theHealth Insurance Risk−Sharing Plan Authority shall, tothe extent practicable, make purchasing selections usingspecifications prepared under s. 16.72 (2) (f).

SECTION 122c. 16.765 (1) of the statutes is amendedto read:

16.765 (1) Contracting agencies, the University ofWisconsin Hospitals and Clinics Authority, the FoxRiver Navigational System Authority, the WisconsinAerospace Authority, the Health Insurance Risk−SharingPlan Authority, the Lower Fox River RemediationAuthority, the Wisconsin Economic Development Cor-poration, and the Bradley Center Sports and Entertain-ment Corporation shall include in all contracts executedby them a provision obligating the contractor not to dis-criminate against any employee or applicant for employ-ment because of age, race, religion, color, handicap, sex,physical condition, developmental disability as definedin s. 51.01 (5), sexual orientation as defined in s. 111.32(13m), or national origin and, except with respect tosexual orientation, obligating the contractor to takeaffirmative action to ensure equal employment opportu-nities.

SECTION 122d. 16.765 (2) of the statutes is amendedto read:

16.765 (2) Contracting agencies, the University ofWisconsin Hospitals and Clinics Authority, the FoxRiver Navigational System Authority, the WisconsinAerospace Authority, the Health Insurance Risk−SharingPlan Authority, the Lower Fox River RemediationAuthority, the Wisconsin Economic Development Cor-poration, and the Bradley Center Sports and Entertain-ment Corporation shall include the following provisionin every contract executed by them: “In connection withthe performance of work under this contract, the contrac-tor agrees not to discriminate against any employee orapplicant for employment because of age, race, religion,color, handicap, sex, physical condition, developmentaldisability as defined in s. 51.01 (5), sexual orientation ornational origin. This provision shall include, but not belimited to, the following: employment, upgrading, demo-tion or transfer; recruitment or recruitment advertising;layoff or termination; rates of pay or other forms of com-pensation; and selection for training, including appren-ticeship. Except with respect to sexual orientation, thecontractor further agrees to take affirmative action toensure equal employment opportunities. The contractor

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agrees to post in conspicuous places, available foremployees and applicants for employment, notices to beprovided by the contracting officer setting forth the pro-visions of the nondiscrimination clause”.

SECTION 122e. 16.765 (4) of the statutes is amendedto read:

16.765 (4) Contracting agencies, the University ofWisconsin Hospitals and Clinics Authority, the FoxRiver Navigational System Authority, the WisconsinAerospace Authority, the Health Insurance Risk−SharingPlan Authority, the Lower Fox River RemediationAuthority, and the Bradley Center Sports and Entertain-ment Corporation shall take appropriate action to revisethe standard governmen

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