AB68: Bill Text

AB68,260,14 16.75 (3m) (c) 5. a. In determining whether a purchase, contract, or subcontract complies with the goal established under par. (b) 1. or , 2., 2g., or 2r. or s. 16.855 (10m) (am) 1. or 2., 16.87 (2) (b) or (c), or 25.185 (2) (a) or (b), the department shall include only amounts paid to businesses, financial advisers, and investment firms certified by the department of administration under s. 16.283 or , 16.287 (2), 16.288 (3), or 16.289 (3), whichever is appropriate.

AB68,144 Section 144. 16.765 (1) of the statutes is amended to read:

AB68,261,2 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin and, except with respect to sexual orientation, gender expression, and gender identity, obligating the contractor to take affirmative action to ensure equal employment opportunities.

AB68,145 Section 145. 16.765 (2) of the statutes is amended to read:

AB68,261,22 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, gender expression, and gender identity, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause". clause.”

AB68,146 Section 146 . 16.84 (2m) of the statutes is repealed.

AB68,147 Section 147. 16.855 (1p) of the statutes is repealed.

AB68,148 Section 148. 16.855 (10m) (ac) of the statutes is renumbered 16.855 (10m) (ac) (intro.) and amended to read:

AB68,262,3 16.855 (10m) (ac) (intro.) In this subsection, “ disabled:

AB68,262,5 2. “Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 (3).

AB68,149 Section 149. 16.855 (10m) (ac) 1. of the statutes is created to read:

AB68,262,8 16.855 (10m) (ac) 1. “Disability-owned business” means a business certified by the department under s. 16.289 (3).

AB68,150 Section 150. 16.855 (10m) (ac) 3. of the statutes is created to read:

AB68,262,11 16.855 (10m) (ac) 3. “Lesbian, gay, bisexual, or transgender-owned business” means a business certified by the department under s. 16.288 (3).

AB68,151 Section 151. 16.855 (10m) (am) 2g. of the statutes is created to read:

AB68,262,16 16.855 (10m) (am) 2g. In awarding construction contracts, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are disability-owned businesses.

AB68,152 Section 152. 16.855 (10m) (am) 2r. of the statutes is created to read:

AB68,262,21 16.855 (10m) (am) 2r. In awarding construction contracts, the department shall attempt to ensure that at least 1 percent of the total amount expended in each fiscal year is awarded to contractors and subcontractors that are lesbian, gay, bisexual, or transgender-owned businesses.

AB68,153 Section 153. 16.855 (10m) (am) 3. of the statutes is amended to read:

AB68,263,3 16.855 (10m) (am) 3. The department may award any contract to a minority business or, disabled veteran-owned business, lesbian, gay, bisexual, or transgender-owned business, or disability-owned business, or a business that is both a minority business and a disabled veteran-owned business any combination of these, if the business is a qualified responsible bidder and the business submits a bid that is no more than 5 percent higher than the apparent low bid.

AB68,154 Section 154. 16.855 (10m) (b) of the statutes is amended to read:

AB68,263,8 16.855 (10m) (b) Upon completion of any contract, the contractor shall report to the department any amount of the contract that was subcontracted to minority businesses or, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses.

AB68,155 Section 155. 16.855 (10m) (c) of the statutes is amended to read:

AB68,263,13 16.855 (10m) (c) The department shall maintain and annually publish data on contracts awarded to minority businesses and, disabled veteran-owned businesses, lesbian, gay, bisexual, or transgender-owned businesses, and disability-owned businesses under this subsection and ss. 16.87 and 84.075.

AB68,156 Section 156. 16.865 (8) of the statutes is amended to read:

AB68,264,4 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a proportionate share of the estimated costs attributable to programs administered by the agency to be paid from the appropriation under s. 20.505 (2) (k). The department may charge premiums to agencies to finance costs under this subsection and pay the costs from the appropriation on an actual basis. The department shall deposit all collections under this subsection in the appropriation account under s. 20.505 (2) (k). Costs assessed under this subsection may include judgments, investigative and adjustment fees, data processing and staff support costs, program administration costs, and litigation costs, and the cost of insurance contracts under sub. (5). In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB68,157 Section 157. 16.865 (8m) of the statutes is created to read:

AB68,264,14 16.865 (8m) Charge premiums to agencies to pay the actual cost of insurance contracts under sub. (5). The department shall deposit all collections under this subsection into the appropriation account under s. 20.505 (kj). In this subsection, “agency" means an office, department, independent agency, institution of higher education, association, society, or other body in state government created or authorized to be created by the constitution or any law, that is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 237, 238, or 279.

AB68,158 Section 158. 16.87 (1) (aL) of the statutes is created to read:

AB68,264,17 16.87 (1) (aL) “Disability-owned business” means a business certified by the department under s. 16.289 (3).

AB68,159 Section 159. 16.87 (1) (br) of the statutes is created to read:

AB68,264,21 16.87 (1) (br) “Lesbian, gay, bisexual, or transgender-owned business” means a business, financial adviser, or investment firm certified by the department under s. 16.288 (3).

AB68,160 Section 160. 16.87 (2) (d) of the statutes is created to read:

AB68,264,25 16.87 (2) (d) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to lesbian, gay, bisexual, or transgender-owned businesses.

AB68,161 Section 161. 16.87 (2) (e) of the statutes is created to read:

AB68,265,4 16.87 (2) (e) The department shall attempt to ensure that at least 1 percent of the total amount expended under this section in each fiscal year is paid to disability-owned businesses.

AB68,162 Section 162. 16.954 of the statutes is created to read:

AB68,265,7 16.954 Office of sustainability and clean energy. (1) Definitions. In this section:

AB68,265,8 (a) “Office” means the office of sustainability and clean energy.

AB68,265,9 (b) “Public utility” has the meaning given in s. 196.01 (5).

AB68,265,11 (2) Initiatives. The office shall work on initiatives that have the following goals:

AB68,265,13 (a) Promoting the development and use of clean and renewable energy across this state.

AB68,265,16 (b) Advancing innovative sustainability solutions in ways that improve this state's economy and environment, including energy initiatives that reduce carbon emissions, accelerate economic growth, and lower customer energy costs.

AB68,265,19 (c) Diversifying the resources used to reliably meet the energy needs of consumers in this state and generate family-supporting jobs through the expansion of this state's clean energy economy.

AB68,265,20 (3) Other duties. The office shall do all of the following:

AB68,265,23 (a) Provide advice and support to state agencies in developing or retrofitting sustainable infrastructure to reduce energy use and lessen negative impacts on this state's air and water quality.

AB68,266,3 (b) Study and report on the status of existing clean and renewable energy efforts by the state, including economic development initiatives, and develop future energy policy opportunities for consideration by the governor and state agencies.

AB68,266,6 (c) Serve as a single point of contact to assist businesses, local units of government, and nongovernmental organizations that are pursuing clean energy opportunities.

AB68,266,8 (d) Identify and share information about clean energy funding and employment opportunities for private and state and local governmental entities.

AB68,266,11 (e) Take other steps necessary to facilitate the implementation of the initiatives specified in sub. (2) and to identify and address barriers to the implementation of those initiatives.

AB68,266,14 (4) Clean energy grants. The office shall establish a program for making grants from the appropriation under s. 20.505 (4) (q) to fund research in support of clean energy production.

AB68,266,20 (5) Technical assistance. (a) The office may provide technical assistance to local governmental units and private entities to assist in the planning and implementation of energy efficiency and renewable resources and may charge for those services. The office may request technical and staff assistance from other state agencies in providing technical assistance to those units of government and private entities.

AB68,266,24 (b) The office may require a public utility to provide energy billing and use data regarding public schools, if the office determines that the data are necessary to provide technical assistance under par. (a) in public schools, including those with the highest energy costs.

AB68,267,2 (c) The office shall consult with the public service commission in implementing this subsection.

AB68,163 Section 163 . 16.969 (title) of the statutes is renumbered 196.492 (title).

AB68,164 Section 164 . 16.969 (1) (intro.) and (b) of the statutes are consolidated, renumbered 196.492 (1) and amended to read:

AB68,267,8 196.492 (1) In this section: (b) “High-voltage, “high-voltage transmission line" means a high-voltage transmission line, as defined in s. 196.491 (1) (f), that is designed for operation at a nominal voltage of 345 kilovolts or more.

AB68,165 Section 165 . 16.969 (1) (a) of the statutes is repealed.

AB68,166 Section 166 . 16.969 (2) of the statutes is renumbered 196.492 (2), and 196.492 (2) (intro.), as renumbered, is amended to read:

AB68,267,15 196.492 (2) (intro.) The department commission shall promulgate rules that require a person who is issued a certificate of public convenience and necessity by the commission under s. 196.491 (3) for a high-voltage transmission line to pay the department commission the following fees:

AB68,167 Section 167 . 16.969 (3) of the statutes is renumbered 196.492 (3), and 196.492 (3) (a) and (b) 1. and 2., as renumbered, are amended to read:

AB68,267,22 196.492 (3) (a) The department commission shall distribute the fees that are paid by a person under the rules promulgated under sub. (2) (a) to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

AB68,268,2 (b) 1. The department commission shall pay 50 percent of the fee to each county that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such county.

AB68,268,6 2. The department commission shall pay 50 percent of the fee to each town, village and city that is identified by the commission under s. 196.491 (3) (gm) in proportion to the amount of investment that is allocated by the commission under s. 196.491 (3) (gm) to each such town, village and city.

AB68,168 Section 168 . 16.969 (4) of the statutes is renumbered 196.492 (4).

AB68,169 Section 169. 16.971 (2) (o) of the statutes is created to read:

AB68,268,11 16.971 (2) (o) Assist the elections commission with information technology systems development for purposes of facilitating the registration of eligible electors under s. 6.256.

AB68,170 Section 170. 16.978 of the statutes is created to read:

AB68,268,14 16.978 Enterprise data management and analytics. (1) In this section, “office” means the office of digital transformation.

AB68,268,17 (2) The office may establish an enterprise data management and analytics program to gather, combine, and analyze data provided by one or more agencies to do any of the following:

AB68,268,18 (a) Evaluate the outcomes of state-funded programs.

AB68,268,20 (b) Develop and implement policies and strategies that promote the effective, efficient, and best use of state resources.

AB68,268,22 (c) Identify, prevent, or eliminate the fraudulent use of state funds, resources, and programs.

AB68,268,25 (3) (a) At the office's request, an agency shall provide data for use under the program. Each agency that provides data under the program shall comply with the data-sharing protocols established under sub. (4).

AB68,269,3 (b) An agency's provision of data to the office under par. (a) is considered a permitted use of the data for all purposes and may not be construed as a violation of law.

AB68,269,7 (c) An agency that provides data to the office under par. (a) remains the custodian of the data while it is in the custody of the office, and access to the data by that agency or any other person shall be determined by that agency in accordance with applicable law.

AB68,269,12 (d) 1. All confidential data an agency provides to the office under par. (a) remains confidential while in the custody of the office, and the same requirements that apply to the agency and its agents or employees with respect to the confidentiality of the data apply equally to the office and its agents or employees, including penalties for breach of confidentiality.

AB68,269,19 2. The office shall compare the results of any data analysis conducted with respect to confidential data against the confidentiality laws applicable to the source data to determine if the results retain any attributes of the source data that bring the results within the scope of any confidentiality requirement that applies to the source data. If so, the results are subject to all applicable confidentiality requirements, and, in the event of a conflict between applicable confidentiality requirements, the most stringent of those requirements shall control.

AB68,269,23 (4) In consultation with other agencies, the office shall develop a data-sharing protocol and a security plan for the program. The security plan shall establish how the data is to be protected. The data-sharing protocol shall include all of the following:

AB68,269,25 (a) How participating agencies may use confidential data in accordance with confidentiality laws applicable to the data provided.

AB68,270,1 (b) Who has authority to access data gathered under the program.

AB68,270,3 (c) How participating agencies shall make, verify, and retain corrections to personally identifying information gathered under the program.

AB68,171 Section 171. 16.99 (3b) of the statutes is repealed and recreated to read:

AB68,270,7 16.99 (3b) “Juvenile correctional facility" means a secured residential care center for children and youth, as defined in s. 938.02 (15g), operated by the department of corrections.

AB68,172 Section 172. 16.9945 (1) (intro.) of the statutes is amended to read:

AB68,270,23 16.9945 (1) Competitive grants. (intro.) In fiscal years 2017-18, 2018-19, 2019-20, and 2020-21, the The department may annually award grants on a competitive basis to eligible school districts and to eligible public libraries for the purpose of improving information technology infrastructure. For purposes of awarding grants under this section, “improving information technology infrastructure” includes purchasing and installing on a bus a portable device that creates an area of wireless Internet coverage and purchasing for individuals to temporarily borrow from a school or for patrons to check out from a public library a portable device that creates an area of wireless Internet coverage. In awarding grants to eligible school districts under this section, the department shall give priority to applications for school districts in which the percentage of pupils who satisfy the income eligibility criteria under 42 USC 1758 (b) (1) for a free or reduced-price lunch is greater than in other applicant school districts. The department shall require an applicant for a grant under this section to provide all of the following:

AB68,173 Section 173. 16.9945 (2) of the statutes is amended to read:

AB68,271,5 16.9945 (2) Eligible school districts. A school district is eligible for a grant under this section in a fiscal year biennium if the school district's membership in the previous most recent school year for which finalized school year data is available, as determined in the first year of the fiscal biennium, divided by the school district's area in square miles is 16 or less.

AB68,174 Section 174. 16.9945 (2m) (a) 1m. of the statutes is created to read: