27,346
Section 346
. 16.61 (12) of the statutes is amended to read:
16.61 (12) Access to reproductions and copies. All persons may examine and use the microfilm reproductions of public records and copies of public records generated from optical disk or electronic storage subject to such reasonable rules as may be made by the responsible officer of the state agency having custody of the same.
27,347
Section 347
. 16.61 (13) (d) 1. of the statutes is amended to read:
16.61 (13) (d) 1. Except as provided in subd. 2., records which have a confidential character while in the possession of the original custodian shall retain their confidential character after transfer to the historical society unless the board of curators of the historical society, with the concurrence of the original custodian or the custodian's legal successor, determines that the records shall be made accessible to the public under such proper and reasonable rules as the historical society promulgates. If the original custodian or the custodian's legal successor is no longer in existence, confidential records formerly in that person's possession may not be released by the board of curators unless the release is first approved by the public records and forms board. For public records and other official materials transferred to the care of the university archival depository under par. (b), the chancellor of the university preserving the records shall have the power and duties assigned to the historical society under this section.
27,348
Section 348
. 16.611 (title) of the statutes is amended to read:
16.611 (title) State public records; optical disk and electronic storage.
27,349
Section 349
. 16.611 (2) (a) of the statutes is amended to read:
16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records to optical disk or electronic format and for the maintenance of public records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of public records so transferred and procedures to ensure that such public records are protected from unauthorized destruction.
27,350
Section 350
. 16.611 (2) (b) of the statutes is amended to read:
16.611 (2) (b) The department shall prescribe, by rule, procedures governing the operation of its optical disk and electronic storage facility under s. 16.62 (1) (bm).
27,351
Section 351
. 16.611 (2) (d) of the statutes is created to read:
16.611 (2) (d) The department shall prescribe, by rule, qualitative standards for the storage of public records in electronic format and for copies of public records stored in electronic format.
27,352
Section 352
. 16.611 (3) of the statutes is amended to read:
16.611 (3) Prior to submitting any proposed rule prescribed under sub. (2) to the legislative council staff under s. 227.15 (1), the department shall refer the proposed rule to the public records and forms board for its recommendations.
27,353
Section 353
. 16.612 (title) of the statutes is amended to read:
16.612 (title) Local government records; optical disk and electronic storage standards.
27,354
Section 354
. 16.612 (2) of the statutes is renumbered 16.612 (2) (a) and amended to read:
16.612 (2) (a) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store materials filed with local governmental units. Prior to submitting any such rule to the legislative council staff under s. 227.15 (1), the department shall refer the rule to the public records and forms board for its recommendations.
27,355
Section 355
. 16.612 (2) (b) of the statutes is created to read:
16.612 (2) (b) The department shall prescribe, by rule, qualitative standards for the storage of public records in electronic format and for copies of documents generated from electronically stored materials filed with local governmental units. Prior to submitting any such rule to the legislative council staff under s. 227.15 (1), the department shall refer the rule to the public records board for its recommendations.
27,356
Section 356
. 16.62 (1) (bm) of the statutes is amended to read:
16.62 (1) (bm) To operate an optical disk a storage facility for state agencies storage of public records in optical disk or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.
27,357
Section 357
. 16.62 (2) of the statutes is amended to read:
16.62 (2) The department may establish user charges for records storage and retrieval services, with any moneys collected to be credited to the appropriation account under s. 20.505 (1) (im) or (kg) (kd). Such charges shall be structured to encourage efficient utilization of the services.
27,358
Section 358
. 16.62 (3) of the statutes is amended to read:
16.62 (3) The department may establish user fees for the services of the public records and forms board. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kg)
(kd).
27,359
Section 359
. 16.70 (2) of the statutes is amended to read:
16.70 (2) “Authority" means a body created under ch. 231, 232, 233 or 234.
27,360
Section 360
. 16.701 of the statutes is created to read:
16.701 Subscription service. The department may provide a subscription service containing current information of interest to prospective vendors concerning state procurement opportunities. The department shall charge a fee for any such service. The department shall prescribe the amount of the fee by rule.
27,361
Section 361
. 16.702 of the statutes is created to read:
16.702 Contract administration fees. (1) The department shall by rule prescribe a contract administration fee to be paid for each state fiscal year by providers of materials, supplies, equipment or contractual services to agencies. Different contract administration fees may be assessed on the basis of different total dollar volumes of sales by providers to agencies within the fiscal year in which the fee is assessed or the preceding fiscal year.
(2) Except as authorized in sub. (3), no person may provide any materials, supplies, equipment or contractual services to any agency or agencies having an aggregate cost to the state exceeding $500 within any fiscal year unless that person has paid to the department the fee prescribed under sub. (1) for the fiscal year in which the materials, supplies, equipment or services are provided. If different fees are assessed under sub. (1) for different total dollar volumes of sales, no person may provide any materials, supplies, equipment or contractual services to any agency or agencies exceeding the dollar volume applicable to the fee which the person has paid under sub. (1) for the fiscal year in which the materials, supplies, equipment or services are provided.
(3) The department shall promulgate rules providing for:
(a) Administration and collection of the fee prescribed under sub. (1).
(b) Exemption of any class of providers from payment of the fee prescribed under sub. (1) if exemption of that class of providers is in the best interest of the state.
(4) The department shall deposit all revenues received from fees assessed under this section in the information technology investment fund.
27,361m
Section 361m. 16.71 (3) of the statutes is amended to read:
16.71 (3) If the department makes or delegates to the gaming commission department of revenue or to any other designated purchasing agent under sub. (1) the authority to make a major procurement, as defined in s. 565.01 (4), for the gaming commission department of revenue, the department, gaming commission department of revenue or designated purchasing agent shall comply with the requirements under s. 565.25.
27,362
Section 362
. 16.72 (2) (e) (intro.) of the statutes is amended to read:
16.72 (2) (e) (intro.) In writing the specifications under this subsection, the department and any other designated purchasing agent under s. 16.71 (1) shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. Each authority other than the University of Wisconsin Hospitals and Clinics Authority, in writing specifications for purchasing by the authority, shall incorporate requirements for the purchase of products made from recycled materials and recovered materials if their use is technically and economically feasible. The specifications shall include requirements for the purchase of the following materials:
27,363
Section 363
. 16.72 (2) (f) of the statutes is amended to read:
16.72 (2) (f) In writing specifications under this subsection, the department, any other designated purchasing agent under s. 16.71 (1) and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state, consistent with the priorities established under s. 159.05 (12). All specifications under this subsection shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.
27,363m
Section 363m. 16.72 (4m) of the statutes is amended to read:
16.72 (4m) The department shall provide the gaming commission department of revenue with a copy of each contract for a major procurement, as defined in s. 565.01 (4), for the gaming commission department of revenue.
27,364
Section 364
. 16.72 (7) (intro.) of the statutes is amended to read:
16.72 (7) (intro.) Annually, by March 1, the department shall submit to the council on recycling
market development board a report regarding the department's resource recovery and recycling activities of the preceding year. The report shall include information concerning the level of compliance by the department and other agencies and authorities, excluding the University of Wisconsin Hospitals and Clinics Authority, with all of the following and reasons for any failure to fully comply with all of the following:
27,365
Section 365
. 16.72 (7) (a) of the statutes is amended to read:
16.72 (7) (a) The requirements under s. 16.75 (8) (a) and (9) that the department and other purchasing agents and authorities specified in sub. (2) (e) and (f) make purchasing selections using specifications prescribed under sub. (2) (e) and (f) and specifically that each such agency and authority ensure that a minimum proportion of its aggregate paper purchases be recycled fiber.
27,366
Section 366
. 16.72 (7) (c) of the statutes is amended to read:
16.72 (7) (c) The requirement of s. 16.15 (3) that agencies and authorities to which s. 16.15 (3) applies separate for recycling the materials specified in that subsection.
27,367
Section 367
. 16.73 (5) of the statutes is created to read:
16.73 (5) If the department designates the board of regents of the University of Wisconsin System as its purchasing agent for any purpose under s. 16.71 (1), the board may enter into a contract to sell any materials, supplies, equipment or contractual services purchased by the board to the University of Wisconsin Hospitals and Clinics Authority, and may contract with the University of Wisconsin Hospitals and Clinics Authority for the joint purchase of any materials, supplies, equipment or contractual services if the sale or purchase is made consistently with that delegation and with this subchapter.
27,368
Section 368
. 16.75 (1) (a) 1. of the statutes is amended to read:
16.75 (1) (a) 1. All orders awarded or contracts made by 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) and (9) and ss. 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and 159.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.
27,368m
Section 368m. 16.75 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed and recreated to read:
16.75 (1) (a) 1. All orders awarded or contracts made by 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) and (9) and ss. 16.73 (4) (a), 16.754, 50.05 (7) (f), 159.15 (7) and 301.265, shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.
27,371
Section 371
. 16.75 (1m) of the statutes is amended to read:
16.75 (1m) The department shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. Each authority other than the University of Wisconsin Hospitals and Clinics Authority shall award each order or contract for materials, supplies or equipment on the basis of life cycle cost estimates, whenever such action is appropriate. The terms, conditions and evaluation criteria to be applied shall be incorporated in the solicitation of bids or proposals. The life cycle cost formula may include, but is not limited to, the applicable costs of energy efficiency, acquisition and conversion, money, transportation, warehousing and distribution, training, operation and maintenance and disposition or resale. The department shall prepare documents containing technical guidance for the development and use of life cycle cost estimates, and shall make the documents available to local governmental units.
27,374
Section 374
. 16.75 (3t) (a) of the statutes is amended to read:
16.75 (3t) (a) In this subsection, “form" has the meaning given under s. 16.61 (2) (ad) 16.97 (5m).
27,375
Section 375
. 16.75 (4) (a) (intro.) of the statutes is amended to read:
16.75 (4) (a) (intro.) The department shall encourage the participation of small businesses and veteran-owned businesses in the statewide purchasing program by ensuring that there are no undue impediments to such participation and by actively encouraging small businesses and veteran-owned businesses to play an active role in the solicitation of public purchasing business by agencies. To that end the department shall:
27,380
Section 380
. 16.75 (8) (a) 1. of the statutes is amended to read:
16.75 (8) (a) 1. The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and each authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications developed under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and recovered materials.
27,381
Section 381
. 16.75 (8) (a) 2. (intro.) of the statutes is amended to read:
16.75 (8) (a) 2. (intro.) Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority shall ensure that the average recycled or recovered content of all paper purchased by the agency or authority measured as a proportion, by weight, of the fiber content of paper products purchased in a calendar year, is not less than the following:
27,382
Section 382
. 16.75 (9) of the statutes is amended to read:
16.75 (9) The department, any other designated purchasing agent under s. 16.71 (1), any agency making purchases under s. 16.74 and any authority other than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent practicable, make purchasing selections using specifications prepared under s. 16.72 (2) (f).
27,383b
Section 383b. 16.752 (7) (a) 1. of the statutes is amended to read:
16.752 (7) (a) 1. A legible copy of the articles of incorporation of the organization showing the date of filing and with the seal of the secretary of state department of financial institutions.
27,384
Section 384
. 16.752 (8) (e) of the statutes is amended to read:
16.752 (8) (e) Comply with applicable occupational health and safety standards prescribed by the U.S. secretary of labor, the federal occupational health and safety administration or the department of industry, labor and human relations development.
27,385
Section 385
. 16.76 (1) of the statutes is amended to read:
16.76 (1) All contracts for materials, supplies, equipment or contractual services to be provided to any agency shall run to the state of Wisconsin. Such contracts shall be signed by the secretary or an individual authorized by the secretary, except that contracts entered into directly by the legislature, the courts or a legislative service or judicial branch agency shall be signed by an individual authorized under s. 16.74 (2) (b).
27,386
Section 386
. 16.765 (1) of the statutes is amended to read:
16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation under ch. 232 shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employe 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) or national origin and, except with respect to sexual orientation, obligating the contractor to take affirmative action to ensure equal employment opportunities.
27,387
Section 387
. 16.765 (2) (intro.) and (a) of the statutes are consolidated, renumbered 16.765 (2) and amended to read:
16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall include the following provision in every contract executed by them: (a) “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employe 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 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, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employes and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause.
27,388
Section 388
. 16.765 (4) to (7) (intro.) of the statutes are amended to read:
16.765 (4) The contracting
Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall take appropriate action to revise the standard government contract forms under this section.
(5) The head of each contracting agency and the board boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation shall be primarily responsible for obtaining compliance by any contractor with the nondiscrimination and affirmative action provisions prescribed by this section, according to procedures recommended by the department. The department shall make recommendations to the contracting agencies and the board boards of directors of the University of Wisconsin Hospitals and Clinics Authority and the Bradley center sports and entertainment corporation for improving and making more effective the nondiscrimination and affirmative action provisions of contracts. The department shall promulgate such rules as may be necessary for the performance of its functions under this section.
(6) The department may receive complaints of alleged violations of the nondiscrimination provisions of such contracts. The department shall investigate and determine whether a violation of this section has occurred. The department may delegate this authority to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation for processing in accordance with the department's procedures.
(7) (intro.) When a violation of this section has been determined by the department, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation shall:
27,389
Section 389
. 16.765 (7) (d) of the statutes is amended to read:
16.765 (7) (d) Direct the violating party to take immediate steps to prevent further violations of this section and to report its corrective action to the contracting agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley center sports and entertainment corporation.
27,390m
Section 390m. 16.80 of the statutes is created to read:
16.80 Purchases of computers by teachers. The department shall negotiate with private vendors to facilitate the purchase of computers and other educational technology, as defined in s. 16.922 (1) (c), by public and private elementary and secondary school teachers for their private use. The department shall attempt to make available types of computers and other educational technology under this section that will encourage and assist teachers in becoming knowledgeable about the technology and its uses and potential uses in education.
27,391g
Section 391g. 16.84 (3) of the statutes is created to read:
