AB150-ASA,108,2423
16.61
(5) (title)
Transfer of public records to optical disk or electronic
24format.
AB150-ASA,109,4
116.61
(5) (a) Subject to rules promulgated by the department under s. 16.611,
2any state agency may transfer
any public record in its custody to
or maintain in 3optical disk
or electronic format
any public record in its custody and retain the public
4record in that format only.
AB150-ASA,109,96
16.61
(5) (b) Subject to rules promulgated by the department under s. 16.611,
7state agencies shall maintain procedures to ensure the authenticity, accuracy,
8reliability and accessibility of public records transferred to
or maintained in optical
9disk
or electronic format under par. (a).
AB150-ASA,109,1411
16.61
(5) (c) Subject to rules promulgated by the department under s. 16.611,
12state agencies that transfer
public records in their custody to
or maintain in optical
13disk
or electronic format
public records in their custody shall ensure that the public
14records stored in that format are protected from unauthorized destruction.
AB150-ASA, s. 337
15Section
337. 16.61 (7) (a) (intro.) of the statutes is amended to read:
AB150-ASA,109,1816
16.61
(7) (a) (intro.) Any microfilm reproduction of an original record, or a copy
17generated from an original record stored in optical disk
or electronic format, is
18deemed an original public record if all of the following conditions are met:
AB150-ASA, s. 338
19Section
338. 16.61 (7) (a) 1. of the statutes is amended to read:
AB150-ASA,109,2220
16.61
(7) (a) 1. Any device used to reproduce the record on film or to transfer
21the record to optical disk
or electronic format and generate a copy of the record from
22optical disk
or electronic format accurately reproduces the content of the original.
AB150-ASA, s. 339
23Section
339. 16.61 (7) (a) 2. of the statutes is amended to read:
AB150-ASA,110,324
16.61
(7) (a) 2. The reproduction is on film which complies with the minimum
25standards of quality for microfilm reproductions, as established by rule of the board,
1or the optical disk
or electronic copy and the copy generated from optical disk
or
2electronic format comply with the minimum standards of quality for such copies, as
3established by rule of the department under s. 16.611.
AB150-ASA,110,165
16.61
(7) (a) 5. The state agency records and forms officer or other person
6designated by the head of the state agency or the custodian of any other record
7executes a statement of intent and purpose describing the record to be reproduced
8or transferred to optical disk
or electronic format, the disposition of the original
9record, the disposal authorization number assigned by the board for public records
10of state agencies, the enabling ordinance or resolution for cities, towns, villages or
11school districts, or the resolution which authorizes the reproduction
, or optical
12imaging
or electronic formatting for counties when required, and executes a
13certificate verifying that the record was received or created and microfilmed or
14transferred to optical disk
or electronic format in the normal course of business and
15that the statement of intent and purpose is properly recorded as directed by the
16board.
AB150-ASA,110,2318
16.61
(8) (a) Any microfilm reproduction of a public record meeting the
19requirements of sub. (7) or copy of a public record generated from an original record
20stored in optical disk
or electronic format in compliance with this section shall be
21taken as, stand in lieu of and have all the effect of the original document and shall
22be admissible in evidence in all courts and all other tribunals or agencies,
23administrative or otherwise, in all cases where the original document is admissible.
AB150-ASA,111,5
116.61
(8) (b) Any enlarged copy of a microfilm reproduction of a public record
2made as provided by this section or any enlarged copy of a public record generated
3from an original record stored in optical disk
or electronic format in compliance with
4this section that is certified by the custodian as provided in s. 889.08 shall have the
5same force as an actual-size copy.
AB150-ASA,111,107
16.61
(9) Preservation of reproductions. Provision shall be made for the
8preservation of any microfilm reproductions of public records and of any public
9records stored in optical disk
or electronic format in conveniently accessible files in
10the agency of origin or its successor or in the state archives.
AB150-ASA,111,1712
16.61
(10) Contracts for copying. Contracts for microfilm reproduction
or, 13optical imaging
or electronic storage of public records to be performed as provided in
14this section shall be made by the secretary as provided in ss. 16.70 to 16.77 and the
15cost of making such reproductions or optical disks
or of electronic storage shall be
16paid out of the appropriation of the state agency having the reproduction made
or the
17storage performed.
AB150-ASA,111,2519
16.61
(11) Authority to reproduce records. Nothing in this section shall be
20construed to prohibit the responsible officer of any state agency from reproducing
21any document by any method when it is necessary to do so in the course of carrying
22out duties or functions in any case other than where the original document is to be
23destroyed; but no original public record may be destroyed after microfilming
or, 24optical imaging
or electronic storage without the approval of the board unless
25authorized under sub. (4) or (5).
AB150-ASA,112,62
16.61
(12) Access to reproductions and copies. All persons may examine and
3use the microfilm reproductions of public records and copies of public records
4generated from optical disk
or electronic storage subject to such reasonable rules as
5may be made by the responsible officer of the state agency having custody of the
6same.
AB150-ASA, s. 347
7Section
347. 16.61 (13) (d) 1. of the statutes is amended to read:
AB150-ASA,112,208
16.61
(13) (d) 1. Except as provided in subd. 2., records which have a
9confidential character while in the possession of the original custodian shall retain
10their confidential character after transfer to the historical society unless the board
11of curators of the historical society, with the concurrence of the original custodian or
12the custodian's legal successor, determines that the records shall be made accessible
13to the public under such proper and reasonable rules as the historical society
14promulgates. If the original custodian or the custodian's legal successor is no longer
15in existence, confidential records formerly in that person's possession may not be
16released by the board of curators unless the release is first approved by the public
17records
and forms board. For public records and other official materials transferred
18to the care of the university archival depository under par. (b), the chancellor of the
19university preserving the records shall have the power and duties assigned to the
20historical society under this section.
AB150-ASA,112,22
2216.611 (title)
State public records; optical disk and electronic storage.
AB150-ASA,113,424
16.611
(2) (a) The department shall prescribe, by rule, procedures for the
25transfer of public records to optical disk
or electronic format
and for the maintenance
1of public records stored in optical disk or electronic format, including procedures to
2ensure the authenticity, accuracy, reliability and accessibility of public records so
3transferred and procedures to ensure that such public records are protected from
4unauthorized destruction.
AB150-ASA,113,76
16.611
(2) (b) The department shall prescribe, by rule, procedures governing
7the operation of its optical disk
and electronic storage facility under s. 16.62 (1) (bm).
AB150-ASA,113,119
16.611
(2) (d) The department shall prescribe, by rule, qualitative standards
10for the storage of public records in electronic format and for copies of public records
11stored in electronic format.
AB150-ASA,113,1513
16.611
(3) Prior to submitting any proposed rule prescribed under sub. (2) to
14the legislative council staff under s. 227.15 (1), the department shall refer the
15proposed rule to the public records
and forms board for its recommendations.
AB150-ASA,113,18
1716.612 (title)
Local government records; optical disk and electronic
18storage standards.
AB150-ASA, s. 354
19Section
354. 16.612 (2) of the statutes is renumbered 16.612 (2) (a) and
20amended to read:
AB150-ASA,113,2521
16.612
(2) (a) The department shall prescribe, by rule, qualitative standards
22for optical disks and for copies of documents generated from optical disks used to
23store materials filed with local governmental units. Prior to submitting any such
24rule to the legislative council staff under s. 227.15 (1), the department shall refer the
25rule to the public records
and forms board for its recommendations.
AB150-ASA,114,72
16.612
(2) (b) The department shall prescribe, by rule, qualitative standards
3for the storage of public records in electronic format and for copies of documents
4generated from electronically stored materials filed with local governmental units.
5Prior to submitting any such rule to the legislative council staff under s. 227.15 (1),
6the department shall refer the rule to the public records board for its
7recommendations.
AB150-ASA,114,119
16.62
(1) (bm) To operate
an optical disk a storage facility for
state agencies 10storage of public records in optical disk or electronic format in accordance with rules,
11promulgated by the department under s. 16.611, governing operation of the facility.
AB150-ASA,114,1613
16.62
(2) The department may establish user charges for records storage and
14retrieval services, with any moneys collected to be credited to the appropriation
15account under s. 20.505 (1) (im) or
(kg) (kd). Such charges shall be structured to
16encourage efficient utilization of the services.
AB150-ASA,114,2018
16.62
(3) The department may establish user fees for the services of the public
19records
and forms board. Any moneys collected shall be credited to the appropriation
20account under s. 20.505 (1)
(kg)
(kd).
AB150-ASA,114,2222
16.70
(2) "Authority" means a body created under ch. 231, 232
, 233 or 234.
AB150-ASA,115,3
116.70
(7m) "Mainframe computer" means a large scale, central computer
2maintained by the division of information technology services for multipurpose
3functions.
AB150-ASA,115,8
516.701 Subscription service. The department may provide a subscription
6service containing current information of interest to prospective vendors concerning
7state procurement opportunities. The department shall charge a fee for any such
8service. The department shall prescribe the amount of the fee by rule.
AB150-ASA,115,15
1016.702 Contract administration fees.
(1) The department shall by rule
11prescribe a contract administration fee to be paid for each state fiscal year by
12providers of materials, supplies, equipment or contractual services to agencies.
13Different contract administration fees may be assessed on the basis of different total
14dollar volumes of sales by providers to agencies within the fiscal year in which the
15fee is assessed or the preceding fiscal year.
AB150-ASA,115,25
16(2) Except as authorized in sub. (3), no person may provide any materials,
17supplies, equipment or contractual services to any agency or agencies having an
18aggregate cost to the state exceeding $500 within any fiscal year unless that person
19has paid to the department the fee prescribed under sub. (1) for the fiscal year in
20which the materials, supplies, equipment or services are provided. If different fees
21are assessed under sub. (1) for different total dollar volumes of sales, no person may
22provide any materials, supplies, equipment or contractual services to any agency or
23agencies exceeding the dollar volume applicable to the fee which the person has paid
24under sub. (1) for the fiscal year in which the materials, supplies, equipment or
25services are provided.
AB150-ASA,116,1
1(3) The department shall promulgate rules providing for:
AB150-ASA,116,22
(a) Administration and collection of the fee prescribed under sub. (1).
AB150-ASA,116,43
(b) Exemption of any class of providers from payment of the fee prescribed
4under sub. (1) if exemption of that class of providers is in the best interest of the state.
AB150-ASA,116,6
5(4) The department shall deposit all revenues received from fees assessed
6under this section in the information technology investment fund.
AB150-ASA,116,138
16.71
(3) If the department makes or delegates to the
gaming commission 9department of revenue or to any other designated purchasing agent under sub. (1)
10the authority to make a major procurement, as defined in s. 565.01 (4), for the
gaming
11commission department of revenue, the department,
gaming commission 12department of revenue or designated purchasing agent shall comply with the
13requirements under s. 565.25.
AB150-ASA, s. 362
14Section
362. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB150-ASA,116,2315
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
16department and any other designated purchasing agent under s. 16.71 (1) shall
17incorporate requirements for the purchase of products made from recycled materials
18and recovered materials if their use is technically and economically feasible. Each
19authority
other than the University of Wisconsin Hospitals and Clinics Authority, in
20writing specifications for purchasing by the authority, shall incorporate
21requirements for the purchase of products made from recycled materials and
22recovered materials if their use is technically and economically feasible. The
23specifications shall include requirements for the purchase of the following materials:
AB150-ASA,117,9
116.72
(2) (f) In writing specifications under this subsection, the department,
2any other designated purchasing agent under s. 16.71 (1) and each authority
other
3than the University of Wisconsin Hospitals and Clinics Authority shall incorporate
4requirements relating to the recyclability and ultimate disposition of products and,
5wherever possible, shall write the specifications so as to minimize the amount of solid
6waste generated by the state, consistent with the priorities established under s.
7159.05 (12). All specifications under this subsection shall discourage the purchase
8of single-use, disposable products and require, whenever practical, the purchase of
9multiple-use, durable products.
AB150-ASA,117,1311
16.72
(4m) The department shall provide the
gaming commission department
12of revenue with a copy of each contract for a major procurement, as defined in s.
13565.01 (4), for the
gaming commission department of revenue.
AB150-ASA, s. 364
14Section
364. 16.72 (7) (intro.) of the statutes is amended to read:
AB150-ASA,117,2115
16.72
(7) (intro.) Annually, by March 1, the department shall submit to the
16council on recycling
market development board a report regarding the department's
17resource recovery and recycling activities of the preceding year. The report shall
18include information concerning the level of compliance by the department and other
19agencies and authorities
, excluding the University of Wisconsin Hospitals and
20Clinics Authority, with all of the following and reasons for any failure to fully comply
21with all of the following:
AB150-ASA,118,223
16.72
(7) (a) The requirements under s. 16.75 (8) (a) and (9) that the
24department and other purchasing agents and authorities
specified in sub. (2) (e) and
25(f) make purchasing selections using specifications prescribed under sub. (2) (e) and
1(f) and specifically that each
such agency and authority ensure that a minimum
2proportion of its aggregate paper purchases be recycled fiber.
AB150-ASA,118,64
16.72
(7) (c) The requirement of s. 16.15 (3) that agencies and authorities
to
5which s. 16.15 (3) applies separate for recycling the materials specified in that
6subsection.
AB150-ASA,118,158
16.73
(5) If the department designates the board of regents of the University
9of Wisconsin System as its purchasing agent for any purpose under s. 16.71 (1), the
10board may enter into a contract to sell any materials, supplies, equipment or
11contractual services purchased by the board to the University of Wisconsin Hospitals
12and Clinics Authority, and may contract with the University of Wisconsin Hospitals
13and Clinics Authority for the joint purchase of any materials, supplies, equipment
14or contractual services if the sale or purchase is made consistently with that
15delegation and with this subchapter.
AB150-ASA, s. 368
16Section
368. 16.75 (1) (a) 1. of the statutes is amended to read:
AB150-ASA,118,2417
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
18materials, supplies, equipment and contractual services
to be provided to any
19agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
20(6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and 159.15 (7),
21shall be awarded to the lowest responsible bidder, taking into consideration life cycle
22cost estimates under sub. (1m), when appropriate, the location of the agency, the
23quantities of the articles to be supplied, their conformity with the specifications, and
24the purposes for which they are required and the date of delivery.
AB150-ASA, s. 368m
1Section 368m. 16.75 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin
2Act .... (this act), is repealed and recreated to read:
AB150-ASA,119,103
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
4materials, supplies, equipment and contractual services to be provided to any
5agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
6(6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.754, 50.05 (7) (f), 159.15 (7) and 301.265,
7shall be awarded to the lowest responsible bidder, taking into consideration life cycle
8cost estimates under sub. (1m), when appropriate, the location of the agency, the
9quantities of the articles to be supplied, their conformity with the specifications, and
10the purposes for which they are required and the date of delivery.
AB150-ASA,119,2312
16.75
(1m) The department shall award each order or contract for materials,
13supplies or equipment on the basis of life cycle cost estimates, whenever such action
14is appropriate. Each authority
other than the University of Wisconsin Hospitals and
15Clinics Authority shall award each order or contract for materials, supplies or
16equipment on the basis of life cycle cost estimates, whenever such action is
17appropriate. The terms, conditions and evaluation criteria to be applied shall be
18incorporated in the solicitation of bids or proposals. The life cycle cost formula may
19include, but is not limited to, the applicable costs of energy efficiency, acquisition and
20conversion, money, transportation, warehousing and distribution, training,
21operation and maintenance and disposition or resale. The department shall prepare
22documents containing technical guidance for the development and use of life cycle
23cost estimates, and shall make the documents available to local governmental units.