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SB21-SSA1,374e 9Section 374e. 16.855 (14) (bm) of the statutes is amended to read:
SB21-SSA1,58,1810 16.855 (14) (bm) If the bid is being let through single prime contracting, bidders
11for the general prime contractor who are responsible qualified bidders shall submit
12their bids to the department or the Board of Regents no later than 5 days after the
13successful subcontractor bids become available to the public under sub. (13) (b).
14Within 48 hours of the deadline for a general prime contractor to submit a bid, the
15department or board shall post on the department's its Internet site the tabulations
16of all bids that identify the names of the general prime contractors that bid and the
17amount of each bid and shall make the tabulations and amounts available at the
18department or board if they are unavailable on the department's Internet site.
SB21-SSA1,374h 19Section 374h. 16.855 (14) (c) of the statutes is amended to read:
SB21-SSA1,58,2420 16.855 (14) (c) The department or the Board of Regents shall reject any bid for
21the general prime contractor from a bidder who submits a bid that includes
22contractors other than the ones identified under sub. (13) (a). The award of a contract
23may not be finalized until the department or board approves the required
24performance bond and certificate of insurance.
SB21-SSA1,374L 25Section 374L. 16.855 (14) (d) of the statutes is amended to read:
SB21-SSA1,59,4
116.855 (14) (d) Except as provided in sub. (10m) (am), the department or the
2Board of Regents
shall award all single prime contracts to the lowest bidder who is
3a qualified responsible bidder that results in the lowest total construction cost for the
4project.
SB21-SSA1,374o 5Section 374o. 16.855 (14) (e) of the statutes is amended to read:
SB21-SSA1,59,166 16.855 (14) (e) Within 30 days after the deadline under par. (bm) for bidders
7for the general prime contractor to submit their bids, the department or the Board
8of Regents
shall notify the general prime contractor bidder that was awarded the
9contract under par. (d). The contractor who is awarded the contract shall enter into
10contracts with the mechanical, electrical, or plumbing subcontractors identified
11under par. (13) (a), shall ensure that any contract meets the requirements under sub.
12(14m) (a) and (b), and shall comply with the requirements under sub. (14m) (c) and
13(d). The department or board shall make the final bid results available on its
14Internet site at the time it provides the written, official notice to the successful
15general prime contractor bidder notifying the contractor that the contract is fully
16executed and that the contractor is authorized to begin work on the project.
SB21-SSA1,374r 17Section 374r. 16.855 (14m) (a) of the statutes is amended to read:
SB21-SSA1,59,1918 16.855 (14m) (a) Any contract entered into between a general prime contractor
19and a subcontractor under sub. (14) (e) must contain all of the following clauses:
SB21-SSA1,59,25 20Prompt Payment. (General prime contractor) shall pay (mechanical,
21electrical, or plumbing subcontractor) in accordance with section 16.855 (19) (b),
22Wisconsin stats., for work that has been satisfactorily completed and properly
23invoiced by (mechanical, electrical, or plumbing subcontractor). A payment is timely
24if it is mailed, delivered, or transferred to (mechanical, electrical, or plumbing
25subcontractor) by the deadline under section 16.855 (19) (b), Wisconsin stats.
SB21-SSA1,60,7
1If (mechanical, electrical, or plumbing subcontractor) is not paid by the
2deadline in this contract, (general prime contractor) shall pay interest on the balance
3due from the eighth day after the (general prime contractor) receives payment from
4the Department (Department of Administration or Board of Regents) for the work
5for which payment is due and owing to (mechanical, electrical, or plumbing
6subcontractor), at the rate specified in section 71.82, Wisconsin stats., compounded
7monthly.
SB21-SSA1,60,128 A (mechanical, electrical, or plumbing subcontractor) that receives payment as
9provided under this contract and that subcontracts with another entity shall pay
10those subcontractors, and be liable for interest on late payments to those
11subcontractors, in the same manner as (general prime contractor) is required to pay
12(mechanical, electrical, or plumbing subcontractor) under this contract.
SB21-SSA1,60,17 13Insurance and Bonds. (Mechanical, electrical, or plumbing subcontractor)
14shall not commence work under this contract until it has obtained all necessary
15insurance required of (mechanical, electrical, or plumbing subcontractor) in the
16contract between the (general prime contractor) and the Department (Department
17of Administration or Board of Regents).
SB21-SSA1,60,2318 (Mechanical, electrical, or plumbing subcontractor) shall provide a separate
19100 percent performance bond and a separate 100 percent payment bond to the
20benefit of the (general prime contractor) as the sole named obligee. Original bonds
21shall be given to the (general prime contractor) and a copy shall be given to the
22Department (Department of Administration or Board of Regents) no later than 10
23days after execution of this contract.
SB21-SSA1,61,19 24Indemnification. To the fullest extent permitted by law, (mechanical,
25electrical, or plumbing subcontractor) shall defend, indemnify, and hold harmless

1(general prime contractor) and its officers, directors, agents, and any others whom
2(general prime contractor) is required to indemnify under its contract with the
3department (Department of Administration or Board of Regents), and the employees
4of any of them, from and against claims, damages, fines, penalties, losses, and
5expenses, including but not limited to attorney fees, arising in any way out of or
6resulting from the performance of the work under this contract, but only to the extent
7such claim, damage, fine, penalty, loss, or expense: (1) is attributable to bodily injury,
8sickness, disease, or death, or to injury to or destruction of property, including but
9not limited to loss of use resulting therefrom and is caused by the negligence, or acts
10or omissions, of (mechanical, electrical, or plumbing subcontractor), its
11subcontractors, any of their employees, and anyone directly or indirectly employed
12by them or anyone for whose acts they may be liable, or (2) as related to such claims,
13damages, fines, penalties, losses, and expense of or against (general prime
14contractor), results from or arises out of the negligence of (general prime contractor)
15or other fault in providing general supervision or oversight of the work of
16(mechanical, electrical, or plumbing subcontractor) or (3) as related to claims,
17damages, fines, penalties, losses, and expense against the Department (Department
18of Administration or Board of Regents), arises out of the department's (department's
19or board's)
status as owner of the project or project site.
SB21-SSA1,62,1920 In addition (mechanical, electrical, or plumbing subcontractor) shall defend,
21indemnify, and hold harmless (general prime contractor) and its officers, directors,
22agents, and any others (general prime contractor) is required to indemnify under its
23contract with the department (Department of Administration or Board of Regents),
24and the employees of any of them, from any liability, including liability resulting
25from a violation of any applicable safe place act, that (general prime contractor) or

1the state incurs to any employee of (mechanical, electrical, or plumbing
2subcontractor) or any third party where the liability arises from a derivative claim
3from said employee, when the liability arises out of the failure of the (general prime
4contractor) or the state to properly supervise, inspect, or approve the work or work
5area of (mechanical, electrical, or plumbing subcontractor), but only to the extent
6that the liability arises out of the acts or omissions of (mechanical, electrical, or
7plumbing subcontractor), its employees, or anyone for whom (mechanical, electrical,
8or plumbing subcontractor) may be liable, or from (mechanical, electrical, or
9plumbing subcontractor's) breach of its contractual responsibilities or arises out of
10(general prime contractor's) negligence or other fault in providing general
11supervision or oversight of (mechanical, electrical, or plumbing subcontractor's)
12work or arises out of the Department (Department of Administration's or Board of
13Regents')
status as owner of the project or project site. In claims against (general
14prime contractor) or the state by an employee of (mechanical, electrical, or plumbing
15subcontractor) or its subcontractors or anyone for whose acts (mechanical, electrical,
16or plumbing subcontractor) may be liable, the indemnification obligation of this
17paragraph is not limited by a limitation on amount or type of damage, compensation,
18or other benefits payable by or for the (mechanical, electrical, or plumbing
19subcontractor) or its subcontractors under workers' compensation act.
SB21-SSA1,63,320 Except as identified above, the obligations of (mechanical, electrical, or
21plumbing subcontractor) under this indemnification do not extend to the liability of
22(general prime contractor) and its agents or employees arising out of (1) preparation
23or approval of maps, drawings, opinions, reports, surveys, change orders, designs, or
24specifications; (2) the giving of or failure to give directions or instructions by the
25(general prime contractor) or the Department (Department of Administration or

1Board of Regents)
or their agents or employees provided the giving or failure to give
2is the cause of the injury or damage; or (3) the acts or omissions of other
3subcontractors.
SB21-SSA1,63,6 4Retainage. Retainage shall occur and be in amounts and on a schedule equal
5to that in the contract between (general prime contractor) and the Department
6(Department of Administration or Board of Regents).
SB21-SSA1,374u 7Section 374u. 16.855 (14m) (c) 2. of the statutes is amended to read:
SB21-SSA1,63,108 16.855 (14m) (c) 2. The prohibition under subd. 1. does not apply to change
9orders by the department or the Board of Regents that result in changes to the plans
10or specifications or to back charges allowed by the contract under sub. (13).
SB21-SSA1,374y 11Section 374y. 16.855 (19) (b) of the statutes is amended to read:
SB21-SSA1,64,312 16.855 (19) (b) As the work progresses under any subcontract under sub. (14)
13(e) for construction of a project, the general prime contractor shall, upon request of
14a subcontractor, pay to the subcontractor an amount equal to the proportionate value
15of the subcontractor's work properly completed, less retainage. The retainage shall
16be an amount equal to not more than 5 percent of the subcontractor's work completed
17until 50 percent of the subcontractor's work has been completed. At 50 percent
18completion, no additional amounts may be retained, and partial payments shall be
19made in full to the subcontractor unless the department or the Board of Regents
20certifies that the subcontractor's work is not proceeding satisfactorily. At 50 percent
21completion or any time thereafter when the progress of the subcontractor's work is
22not satisfactory, additional amounts may be retained but the total retainage may not
23be more than 10 percent of the value of the work completed. Upon substantial
24completion of the subcontractor's work, any amount retained shall be paid to the
25subcontractor, less the value of any required corrective work or uncompleted work.

1All payments the general prime contractor makes under this paragraph shall be
2within 7 calendar days after the date on which the general prime contractor receives
3payment from the department or board.
SB21-SSA1,375m 4Section 375m. 16.855 (20) of the statutes is amended to read:
SB21-SSA1,64,105 16.855 (20) This section does not apply to construction work performed by
6University of Wisconsin System students when the construction work performed is
7a part of a curriculum and where the work is course-related for the student involved.
8Prior approval of the building commission must be obtained for all construction
9projects to be performed by University of Wisconsin System students, except projects
10specified in s. 13.48 (10) (c) and (e).
SB21-SSA1,378g 11Section 378g. 16.855 (22) of the statutes is amended to read:
SB21-SSA1,64,2112 16.855 (22) The provisions of this section, except sub. (10m), do not apply to
13construction work for any project that does not require the prior approval of the
14building commission under s. 13.48 (10) (a) if the project is constructed in accordance
15with policies and procedures prescribed by the building commission under s. 13.48
16(29). If the estimated construction cost of any project, other than a project
17constructed by or for the University of Wisconsin System that is exempted under sub.
18(23)
(12m) or (24), is at least $50,000, and the building commission elects to utilize
19the procedures prescribed under s. 13.48 (29) to construct the project, the
20department shall provide adequate public notice of the project and the procedures
21to be utilized to construct the project on a publicly accessible computer site.
SB21-SSA1,378r 22Section 378r. 16.855 (23) of the statutes is repealed.
SB21-SSA1,378t 23Section 378t. 16.855 (24) of the statutes is created to read:
SB21-SSA1,65,3
116.855 (24) This section does not apply to an eligible energy conservation
2project approved by the president of the University of Wisconsin System under s.
336.11 (26m) (b).
SB21-SSA1,392g 4Section 392g. 16.87 (5) of the statutes is amended to read:
SB21-SSA1,65,75 16.87 (5) This section does not apply to any project for the University of
6Wisconsin System involving a cost of less than $500,000 that is funded entirely from
7the proceeds of gifts or grants made to the system
specified in s. 13.48 (10) (c) or (e).
SB21-SSA1,392r 8Section 392r. 16.89 of the statutes is amended to read:
SB21-SSA1,65,16 916.89 Construction and services controlled by this chapter. No
10department, independent agency, constitutional office or agent of the state shall
11employ engineering, architectural or allied services or expend money for
12construction purposes on behalf of the state, except as provided in this chapter and
13except that the Board of Regents of the University of Wisconsin System may engage
14such services for any project involving a cost of less than $500,000 that is funded
15entirely from the proceeds of gifts or grants made to the system
specified in s. 13.48
16(10) (c) or (e)
.
SB21-SSA1,393p 17Section 393p. 16.95 (17) of the statutes is created to read:
SB21-SSA1,65,2218 16.95 (17) Upon request, provide any necessary certification for a person to
19receive a tax deduction under 26 USC 179D if the person is the person who is
20primarily responsible for designing a property, if the property the person designed
21is installed on or in state-owned property, and if the property qualifies as an energy
22efficient commercial building property.
SB21-SSA1,394 23Section 394. 16.956 (2) of the statutes is amended to read:
SB21-SSA1,66,3
116.956 (2) Authority. Beginning on July 1, 2006, and ending on June 30, 2015
22020, the department may award a grant to an eligible applicant for the purchase
3and field testing of one or more idling reduction units as provided in subs. (3) and (4).
SB21-SSA1,395 4Section 395. 16.956 (4) (cm) of the statutes is amended to read:
SB21-SSA1,66,95 16.956 (4) (cm) Subject to par. (d), the department may make grants under this
6section from July 1, 2009 to June 30, 2015 2020, of 50 percent of the eligible costs for
7an idling reduction unit installed on a truck tractor, unless the department has
8previously awarded a grant under this section for an idling reduction unit installed
9on the truck tractor.
SB21-SSA1,396 10Section 396. 16.956 (6) of the statutes is amended to read:
SB21-SSA1,66,1211 16.956 (6) Sunset. Subsections (2) to (4) do not apply after December 31, 2016
122021.
SB21-SSA1,396d 13Section 396d. 16.957 (1) (cm) of the statutes is repealed.
SB21-SSA1,396h 14Section 396h. 16.957 (2) (intro.) of the statutes is amended to read:
SB21-SSA1,66,1615 16.957 (2) Department duties. (intro.) In consultation with the council, the
16The department shall do all of the following:
SB21-SSA1,396p 17Section 396p. 16.957 (2) (d) 4. d. of the statutes is amended to read:
SB21-SSA1,66,1918 16.957 (2) (d) 4. d. Any other issue identified by the department, council,
19governor, speaker of the assembly or majority leader of the senate.
SB21-SSA1,396t 20Section 396t. 16.957 (4) (b) (intro.) of the statutes is amended to read:
SB21-SSA1,66,2521 16.957 (4) (b) Rules. (intro.) In consultation with the council, the The
22department shall promulgate rules that establish the amount of a low-income
23assistance fee under par. (a). Fees established in rules under this paragraph may
24vary by class of customer, but shall be uniform within each class, and shall satisfy
25each of the following:
SB21-SSA1,398m
1Section 398m. 16.97 (2m) of the statutes is repealed.
SB21-SSA1,412p 2Section 412p. 16.973 (7) of the statutes is amended to read:
SB21-SSA1,67,103 16.973 (7) Prescribe and revise as necessary performance measures to ensure
4financial controls and accountability, optimal personnel utilization, and customer
5satisfaction for all information technology functions in the executive branch outside
6of the University of Wisconsin System and annually, no later than March 31, report
7to the joint committee on information policy and technology and the board
8concerning the performance measures utilized by the department and the actual
9performance of the department and the executive branch agencies measured against
10the performance measures then in effect.
SB21-SSA1,416g 11Section 416g. 16.976 (3) of the statutes is amended to read:
SB21-SSA1,67,2012 16.976 (3) Following receipt of a proposed strategic plan from an executive
13branch agency, the department shall, before June 1, notify the agency of any concerns
14that the department may have regarding the plan and provide the agency with its
15recommendations regarding the proposed plan. The department may also submit
16any concerns or recommendations regarding any proposed plan to the board for its
17consideration. The board shall then consider the proposed plan and provide the
18department with its recommendations regarding the plan.
The executive branch
19agency may submit modifications to its proposed plan in response to any
20recommendations.
SB21-SSA1,416r 21Section 416r. 16.976 (4) of the statutes is amended to read:
SB21-SSA1,67,2422 16.976 (4) Before June 15, the department shall consider any
23recommendations provided by the board under sub. (3) and shall then
approve or
24disapprove the proposed plan in whole or in part.
SB21-SSA1,417g 25Section 417g. 16.977 (intro.) of the statutes is amended to read:
SB21-SSA1,68,4
116.977 Information technology portfolio management. (intro.) With the
2assistance of executive branch agencies and the advice of the board, the department
3shall manage the information technology portfolio of state government in accordance
4with a management structure that includes all of the following:
SB21-SSA1,417r 5Section 417r. 16.978 of the statutes is repealed.
SB21-SSA1,419b 6Section 419b. 16.98 (1) of the statutes is amended to read:
SB21-SSA1,68,167 16.98 (1) The department shall engage in such activities as the secretary deems
8necessary to ensure the maximum utilization of federal resources by state agencies
9and institutions and other eligible organizations and units of government, including
10community development corporations as defined in s. 234.94 (2). The department
11shall acquire excess and surplus real and personal property at such cost and shall
12charge fees
to the recipient as is necessary to amortize expenditures for recipients
13for costs of
transportation, packing, crating, handling and program overhead, except
14that the department may transfer any excess or surplus personal property to the
15department of tourism, upon request of the department of tourism, at no cost, subject
16to any limitation or restriction imposed by federal law.
SB21-SSA1,419g 17Section 419g. 16.99 (1d) of the statutes is amended to read:
SB21-SSA1,68,1918 16.99 (1d) "Charter school sponsor" means an entity described under s. 118.40
19(2r) (b) that is sponsoring a charter school and the director under s. 118.40 (2x).
SB21-SSA1,422d 20Section 422d. 16.994 of the statutes is created to read:
SB21-SSA1,69,4 2116.994 Information technology block grants. (1) Competitive grants. In
22fiscal years 2015-16 and 2016-17, the department may annually award grants on
23a competitive basis to eligible school districts for the purpose of improving
24information technology infrastructure. In awarding grants under this section, the
25department shall give priority to applications for school districts in which the

1percentage of pupils who satisfy the income eligibility criteria under 42 USC 1758
2(b) (1) for a free or reduced-price lunch is greater than in other applicant school
3districts. The department shall require an applicant for a grant under this section
4to provide all of the following:
SB21-SSA1,69,65 (a) A description of the specific infrastructure, including any equipment, that
6the applicant intends to purchase with grant proceeds.
SB21-SSA1,69,87 (b) The applicant's plan to purchase, install, and use the information
8technology infrastructure described in par. (a).
SB21-SSA1,69,109 (c) A description of the applicant's readiness to use information technology
10infrastructure purchased with grant proceeds.
SB21-SSA1,69,13 11(2) Eligible school districts. A school district is eligible for a grant under this
12section if the school district's membership in the previous school year divided by the
13school district's area in square miles is 13 or less.
SB21-SSA1,69,16 14(3) Maximum awards. The total amount the department may award to an
15eligible school district under sub. (1) during the 2015-17 fiscal biennium may not
16exceed the following:
SB21-SSA1,69,1817 (a) If the membership of the eligible school district is fewer than 750 pupils,
18$30,000.
SB21-SSA1,69,2019 (b) If the membership of the eligible school district is 750 pupils to 1,500 pupils,
20$40 multiplied by the school district's membership.
SB21-SSA1,69,2221 (c) If the membership of the eligible school district is more than 1,500 pupils,
22$60,000.
SB21-SSA1,69,24 23(4) Funding limitation. The department may not award grants under this
24section that total more than $7,500,000 in any fiscal year.
SB21-SSA1,422e
1Section 422e. 16.994 of the statutes, as created by 2015 Wisconsin Act .... (this
2act), is repealed.
SB21-SSA1,422g 3Section 422g. 16.996 of the statutes is created to read:
SB21-SSA1,70,6 416.996 Educational technology teacher training grants. (1) Purpose.
5The department shall annually award grants to eligible consortia of school districts
6for the costs of training teachers to use educational technology.
SB21-SSA1,70,8 7(2) Eligible consortia. A consortium of school districts is eligible for a grant
8under this section if all of the following apply:
SB21-SSA1,70,99 (a) The consortium consists of 3 or more school districts.
SB21-SSA1,70,1110 (b) Each school district's membership in the previous school year divided by
11that school district's area in square miles is 13 or less.
SB21-SSA1,70,1212 (c) The consortium applies for a grant under this section.
SB21-SSA1,70,15 13(3) Grant amount. In any year the department awards grants under this
14section, subject to sub. (4), the department shall pay to each eligible consortium the
15sum of the following amounts:
SB21-SSA1,70,1716 (a) For each school district in the consortium that had a membership of less
17than 750 pupils in the previous year, $7,500.
SB21-SSA1,70,2018 (b) For each school district in the consortium that had a membership of 750
19pupils to 1,500 pupils in the previous year, $10 multiplied by the school district's
20membership in the previous year.
SB21-SSA1,70,2221 (c) For each school district in the consortium that had a membership of more
22than 1,500 pupils in the previous year, $15,000.
SB21-SSA1,70,24 23(4) Funding. (a) The department may not award grants under this section that
24total more than $1,500,000 in any fiscal year.
SB21-SSA1,71,2
1(b) If, in any fiscal year, $1,500,000 is insufficient to pay the full amount under
2sub. (3), the department shall prorate the payments among the eligible consortia.
SB21-SSA1,423 3Section 423. 16.997 (2) (a) (intro.) of the statutes is renumbered 16.997 (2) (a)
4and amended to read:
SB21-SSA1,71,65 16.997 (2) (a) Allow an educational agency to make a request to the department
6for access to either one data line or one lines and video link, except as follows: links.
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