AB1117,9,1712 16.528 (1) (a) “Agency" means an office, department, independent agency,
13institution of higher education, association, society, or other body in state
14government created or authorized to be created by the constitution or any law, that
15is entitled to expend moneys appropriated by law, including the legislature and the
16courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
17234, 235, 237, 238, or 279.
AB1117,17 18Section 17 . 16.53 (2) of the statutes is amended to read:
AB1117,9,2519 16.53 (2) Improper invoices. If an agency receives an improperly completed
20invoice, the agency shall notify the sender of the invoice within 10 working days after
21it receives the invoice of the reason it is improperly completed. In this subsection,
22“agency" means an office, department, independent agency, institution of higher
23education, association, society, or other body in state government created or
24authorized to be created by the constitution or any law, that is entitled to expend
25moneys appropriated by law, including the legislature and the courts, but not

1including an authority created in subch. II of ch. 114 or in ch. 231, 233, 234, 235, 237,
2238, or 279.
AB1117,18 3Section 18 . 16.54 (9) (a) 1. of the statutes is amended to read:
AB1117,10,94 16.54 (9) (a) 1. “Agency" means an office, department, independent agency,
5institution of higher education, association, society or other body in state
6government created or authorized to be created by the constitution or any law, which
7is entitled to expend moneys appropriated by law, including the legislature and the
8courts, but not including an authority created in subch. II of ch. 114 or in ch. 231, 233,
9234, 235, 237, 238, or 279.
AB1117,19 10Section 19 . 16.70 (2) of the statutes is amended to read:
AB1117,10,1211 16.70 (2) “Authority" means a body created under subch. II of ch. 114 or under
12ch. 231, 232, 233, 234, 235, 237, or 279.
AB1117,20 13Section 20 . 16.75 (1m) of the statutes is amended to read:
AB1117,11,214 16.75 (1m) The department shall award each order or contract for materials,
15supplies or equipment on the basis of life cycle cost estimates, whenever such action
16is appropriate. Each authority other than the University of Wisconsin Hospitals and
17Clinics Authority, the Lower Fox River Remediation Authority, and the Wisconsin
18Aerospace Authority, and the Wisconsin Renewable Energy Development Authority
19shall award each order or contract for materials, supplies or equipment on the basis
20of life cycle cost estimates, whenever such action is appropriate. The terms,
21conditions and evaluation criteria to be applied shall be incorporated in the
22solicitation of bids or proposals. The life cycle cost formula may include, but is not
23limited to, the applicable costs of energy efficiency, acquisition and conversion,
24money, transportation, warehousing and distribution, training, operation and
25maintenance and disposition or resale. The department shall prepare documents

1containing technical guidance for the development and use of life cycle cost
2estimates, and shall make the documents available to local governmental units.
AB1117,21 3Section 21 . 16.765 (1) of the statutes is amended to read:
AB1117,11,144 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
5Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
6Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
7Lower Fox River Remediation Authority, the Wisconsin Economic Development
8Corporation, and the Bradley Center Sports and Entertainment Corporation shall
9include in all contracts executed by them a provision obligating the contractor not
10to discriminate against any employee or applicant for employment because of age,
11race, religion, color, handicap, sex, physical condition, developmental disability as
12defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national
13origin and, except with respect to sexual orientation, obligating the contractor to take
14affirmative action to ensure equal employment opportunities.
AB1117,22 15Section 22 . 16.765 (2) of the statutes is amended to read:
AB1117,12,816 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
17Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
18Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
19Lower Fox River Remediation Authority, the Wisconsin Economic Development
20Corporation, and the Bradley Center Sports and Entertainment Corporation shall
21include the following provision in every contract executed by them: “In connection
22with the performance of work under this contract, the contractor agrees not to
23discriminate against any employee or applicant for employment because of age, race,
24religion, color, handicap, sex, physical condition, developmental disability as defined
25in s. 51.01 (5), sexual orientation or national origin. This provision shall include, but

1not be limited to, the following: employment, upgrading, demotion or transfer;
2recruitment or recruitment advertising; layoff or termination; rates of pay or other
3forms of compensation; and selection for training, including apprenticeship. Except
4with respect to sexual orientation, the contractor further agrees to take affirmative
5action to ensure equal employment opportunities. The contractor agrees to post in
6conspicuous places, available for employees and applicants for employment, notices
7to be provided by the contracting officer setting forth the provisions of the
8nondiscrimination clause".
AB1117,23 9Section 23 . 16.765 (5) of the statutes is amended to read:
AB1117,13,210 16.765 (5) The head of each contracting agency and the boards of directors of
11the University of Wisconsin Hospitals and Clinics Authority, the Fox River
12Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
13Renewable Energy Development Authority,
the Lower Fox River Remediation
14Authority, the Wisconsin Economic Development Corporation, and the Bradley
15Center Sports and Entertainment Corporation shall be primarily responsible for
16obtaining compliance by any contractor with the nondiscrimination and affirmative
17action provisions prescribed by this section, according to procedures recommended
18by the department. The department shall make recommendations to the contracting
19agencies and the boards of directors of the University of Wisconsin Hospitals and
20Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
21Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
22Lower Fox River Remediation Authority, the Wisconsin Economic Development
23Corporation, and the Bradley Center Sports and Entertainment Corporation for
24improving and making more effective the nondiscrimination and affirmative action

1provisions of contracts. The department shall promulgate such rules as may be
2necessary for the performance of its functions under this section.
AB1117,24 3Section 24 . 16.765 (6) of the statutes is amended to read:
AB1117,13,124 16.765 (6) The department may receive complaints of alleged violations of the
5nondiscrimination provisions of such contracts. The department shall investigate
6and determine whether a violation of this section has occurred. The department may
7delegate this authority to the contracting agency, the University of Wisconsin
8Hospitals and Clinics Authority, the Fox River Navigational System Authority, the
9Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development
10Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
11Development Corporation, or the Bradley Center Sports and Entertainment
12Corporation for processing in accordance with the department's procedures.
AB1117,25 13Section 25 . 16.765 (7) (intro.) of the statutes is amended to read:
AB1117,13,2414 16.765 (7) (intro.) When a violation of this section has been determined by the
15department, the contracting agency, the University of Wisconsin Hospitals and
16Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
17Aerospace Authority, the Wisconsin Renewable Energy Development Authority, the
18Lower Fox River Remediation Authority, the Wisconsin Economic Development
19Corporation, or the Bradley Center Sports and Entertainment Corporation, the
20contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the
21Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
22Wisconsin Renewable Energy Development Authority,
the Lower Fox River
23Remediation Authority, the Wisconsin Economic Development Corporation, or the
24Bradley Center Sports and Entertainment Corporation shall:
AB1117,26 25Section 26 . 16.765 (7) (d) of the statutes is amended to read:
AB1117,14,7
116.765 (7) (d) Direct the violating party to take immediate steps to prevent
2further violations of this section and to report its corrective action to the contracting
3agency, the University of Wisconsin Hospitals and Clinics Authority, the Fox River
4Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
5Renewable Energy Development Authority,
the Lower Fox River Remediation
6Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
7Sports and Entertainment Corporation.
AB1117,27 8Section 27 . 16.765 (8) of the statutes is amended to read:
AB1117,15,29 16.765 (8) If further violations of this section are committed during the term
10of the contract, the contracting agency, the Fox River Navigational System Authority,
11the Wisconsin Aerospace Authority, the Wisconsin Renewable Energy Development
12Authority,
the Lower Fox River Remediation Authority, the Wisconsin Economic
13Development Corporation, or the Bradley Center Sports and Entertainment
14Corporation may permit the violating party to complete the contract, after complying
15with this section, but thereafter the contracting agency, the Fox River Navigational
16System Authority, the Wisconsin Aerospace Authority, the Wisconsin Renewable
17Energy Development Authority,
the Lower Fox River Remediation Authority, the
18Wisconsin Economic Development Corporation, or the Bradley Center Sports and
19Entertainment Corporation shall request the department to place the name of the
20party on the ineligible list for state contracts, or the contracting agency, the Fox River
21Navigational System Authority, the Wisconsin Aerospace Authority, the Wisconsin
22Renewable Energy Development Authority,
the Lower Fox River Remediation
23Authority, the Wisconsin Economic Development Corporation, or the Bradley Center
24Sports and Entertainment Corporation may terminate the contract without liability

1for the uncompleted portion or any materials or services purchased or paid for by the
2contracting party for use in completing the contract.
AB1117,28 3Section 28. 16.838 (1) (b) of the statutes is amended to read:
AB1117,15,54 16.838 (1) (b) “Authority" means a body created under subch. II of ch. 114 or
5ch. 231, 232, 233, 234, 235, or 237.
AB1117,29 6Section 29 . 16.85 (2) of the statutes is amended to read:
AB1117,15,167 16.85 (2) To furnish engineering, architectural, project management, and other
8building construction services whenever requisitions therefor are presented to the
9department by any agency. The department may deposit moneys received from the
10provision of these services in the account under s. 20.505 (1) (kc) or in the general
11fund as general purpose revenue — earned. In this subsection, “agency" means an
12office, department, independent agency, institution of higher education, association,
13society, or other body in state government created or authorized to be created by the
14constitution or any law, which is entitled to expend moneys appropriated by law,
15including the legislature and the courts, but not including an authority created in
16subch. II of ch. 114 or in ch. 231, 233, 234, 235, 237, 238, or 279.
AB1117,30 17Section 30 . 16.865 (8) of the statutes is amended to read:
AB1117,16,718 16.865 (8) Annually in each fiscal year, allocate as a charge to each agency a
19proportionate share of the estimated costs attributable to programs administered by
20the agency to be paid from the appropriation under s. 20.505 (2) (k). The department
21may charge premiums to agencies to finance costs under this subsection and pay the
22costs from the appropriation on an actual basis. The department shall deposit all
23collections under this subsection in the appropriation account under s. 20.505 (2) (k).
24Costs assessed under this subsection may include judgments, investigative and
25adjustment fees, data processing and staff support costs, program administration

1costs, litigation costs, and the cost of insurance contracts under sub. (5). In this
2subsection, “agency" means an office, department, independent agency, institution
3of higher education, association, society, or other body in state government created
4or authorized to be created by the constitution or any law, that is entitled to expend
5moneys appropriated by law, including the legislature and the courts, but not
6including an authority created in subch. II of ch. 114 or in ch. 231, 232, 233, 234, 235,
7237, 238, or 279.