SECTION 336. 16.61 (5) (c) of the statutes is amended to read:
16.61 (5) (c) Subject to rules promulgated by the department under s. 16.611, state agencies that transfer public records in their custody to or maintain in optical disk or electronic format public records in their custody shall ensure that the public records stored in that format are protected from unauthorized destruction.
SECTION 337. 16.61 (7) (a) (intro.) of the statutes is amended to read:
16.61 (7) (a) (intro.) Any microfilm reproduction of an original record, or a copy generated from an original record stored in optical disk or electronic format, is deemed an original public record if all of the following conditions are met:
SECTION 338. 16.61 (7) (a) 1. of the statutes is amended to read:
16.61 (7) (a) 1. Any device used to reproduce the record on film or to transfer the record to optical disk or electronic format and generate a copy of the record from optical disk or electronic format accurately reproduces the content of the original.
SECTION 339. 16.61 (7) (a) 2. of the statutes is amended to read:
16.61 (7) (a) 2. The reproduction is on film which complies with the minimum standards of quality for microfilm reproductions, as established by rule of the board, or the optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by rule of the department under s. 16.611.
SECTION 340. 16.61 (7) (a) 5. of the statutes is amended to read:
16.61 (7) (a) 5. The state agency records and forms officer or other person designated by the head of the state agency or the custodian of any other record executes a statement of intent and purpose describing the record to be reproduced or transferred to optical disk or electronic format, the disposition of the original record, the disposal authorization number assigned by the board for public records of state agencies, the enabling ordinance or resolution for cities, towns, villages or school districts, or the resolution which authorizes the reproduction, or optical imaging or electronic formatting for counties when required, and executes a certificate verifying that the record was received or created and microfilmed or transferred to optical disk or electronic format in the normal course of business and that the statement of intent and purpose is properly recorded as directed by the board.
SECTION 341. 16.61 (8) (a) of the statutes is amended to read:
16.61 (8) (a) Any microfilm reproduction of a public record meeting the requirements of sub. (7) or copy of a public record generated from an original record stored in optical disk or electronic format in compliance with this section shall be taken as, stand in lieu of and have all the effect of the original document and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible.
SECTION 342. 16.61 (8) (b) of the statutes is amended to read:
16.61 (8) (b) Any enlarged copy of a microfilm reproduction of a public record made as provided by this section or any enlarged copy of a public record generated from an original record stored in optical disk or electronic format in compliance with this section that is certified by the custodian as provided in s. 889.08 shall have the same force as an actual-size copy.
SECTION 343. 16.61 (9) of the statutes is amended to read:
16.61 (9) PRESERVATION OF REPRODUCTIONS. Provision shall be made for the preservation of any microfilm reproductions of public records and of any public records stored in optical disk or electronic format in conveniently accessible files in the agency of origin or its successor or in the state archives.
SECTION 344. 16.61 (10) of the statutes is amended to read:
16.61 (10) CONTRACTS FOR COPYING. Contracts for microfilm reproduction or, optical imaging or electronic storage of public records to be performed as provided in this section shall be made by the secretary as provided in ss. 16.70 to 16.77 and the cost of making such reproductions or optical disks or of electronic storage shall be paid out of the appropriation of the state agency having the reproduction made or the storage performed.
SECTION 345. 16.61 (11) of the statutes is amended to read:
16.61 (11) AUTHORITY TO REPRODUCE RECORDS. Nothing in this section shall be construed to prohibit the responsible officer of any state agency from reproducing any document by any method when it is necessary to do so in the course of carrying out duties or functions in any case other than where the original document is to be destroyed; but no original public record may be destroyed after microfilming or, optical imaging or electronic storage without the approval of the board unless authorized under sub. (4) or (5).
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.
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.
SECTION 348. 16.611 (title) of the statutes is amended to read:
16.611 (title) State public records; optical disk and electronic storage.
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.
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).
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.
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.
SECTION 353. 16.612 (title) of the statutes is amended to read:
16.612 (title) Local government records; optical disk and electronic storage standards.
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.
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.
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.
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.
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).
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.
SECTION 359m. 16.70 (7m) of the statutes is created to read:
16.70 (7m) "Mainframe computer" means a large scale, central computer maintained by the division of information technology services for multipurpose functions.
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.
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.
SECTION 361f. 16.705 (1) of the statutes is amended to read:
16.705 (1) The department or its agents may contract for services which can be performed more economically or efficiently by such contract. The department or its agents shall contract for contractual services whenever the competitive enterprise review board directs under s. 16.706 (7).
SECTION 361g. 16.705 (2) of the statutes is amended to read:
16.705 (2) The department shall promulgate rules for the procurement of contractual services, including but not limited to the approval and monitoring processes for contractual service contracts. Each Except as otherwise provided in this subsection, each officer requesting approval to engage any person to perform contractual services shall submit to the department written justification for such contracting which shall include a description of the contractual services to be procured, justification of need, justification for not contracting with other agencies, a specific description of the scope of contractual services to be performed, and justification for the procurement process if a process other than competitive bidding is to be used. If the competitive enterprise review board requires the solicitation of bids or competitive sealed proposals for contractual services under s. 16.706 (4), the responsible officer shall submit to the department the information required under this subsection and information concerning alternatives to procurement of contractual services, but need not provide justification for such procurement. The department may not approve any contract for contractual services unless it is satisfied that the justification for contracting conforms to the requirements of this section and ss. 16.71 to 16.77.
SECTION 361h. 16.705 (3) (intro.) of the statutes is amended to read:
16.705 (3) (intro.) Contracts for contractual services, other than contracts awarded under s. 16.706 (7), shall be submitted by the department for the review and approval of the secretary of employment relations prior to award, under conditions established by rule of the department. The secretary of employment relations shall review such contracts in order to ensure that agencies:
SECTION 361i. 16.705 (5) of the statutes is amended to read:
16.705 (5) The department shall promulgate rules to assure that the process used for selection of persons to perform contractual services includes a review of the independence and relationship, if any, of the contractor to employes of the agency, disclosure of any former employment of the contractor or employes of the contractor with the agency and a procedure to minimize the likelihood of selection of a contractor who provides or is likely to provide services to industries, client groups or individuals who are the object of state regulation or the recipients of state funding to a degree that the contractor's independence would be compromised. Such rules do not apply to contracts awarded under s. 16.706 (7).
SECTION 361j. 16.706 of the statutes is created to read:
16.706 Competitive enterprise review board. (1) In this section "board" means the competitive enterprise review board.
(2) Any person who believes that the person can provide any materials, supplies, equipment or contractual services to an executive branch agency, but more economically, efficiently or effectively than the materials, supplies, equipment or services are currently provided or more economically, efficiently or effectively than the agency provides the materials, supplies, equipment or comparable noncontractual services to itself, may file an application with the board proposing to provide the materials, supplies, equipment or contractual services to the agency. The application shall specify each executive branch agency to which it applies, and shall contain a description of the materials, supplies, equipment or contractual services to which it applies and a description of the materials, supplies, equipment or contractual services that the applicant is capable of providing.
(3) The department shall assist the board in the performance of its functions. Upon receipt of an application by the board under sub. (2), the department shall:
(a) Evaluate the proposal contained in the application to determine whether the proposal is feasible and whether it would result in delivery of materials, supplies, equipment or services to any affected executive branch agency in a more economical, efficient or effective manner.
(b) Submit its evaluation, together with a recommendation, to the board.
(4) The board shall review each proposal filed under sub. (2) together with the evaluation and recommendation submitted under sub. (3) and shall determine whether the proposal is feasible and would, if implemented, result in the delivery of materials, supplies, equipment or services by any executive branch agency in a more economical, efficient or effective manner. If the board finds that the proposal, if implemented, would achieve at least one of these objectives, the board may direct the department to solicit bids or competitive sealed proposals to provide the materials, supplies, equipment or contractual services specified in the proposal. If the department delegates the responsibility to solicit such bids or proposals to an affected executive branch agency under s. 16.71 (1), the department shall ensure that the agency complies with the directive of the board under this subsection. This subsection does not apply to commodities, materials, supplies, equipment or services purchased under s. 16.75 (3t), 16.752 (12) (a) or 16.78 (1).
(5) Any executive branch agency that is authorized to provide any materials, supplies, equipment or contractual services to another executive branch agency consistent with its program responsibilities may submit a bid or competitive sealed proposal whenever such bids or proposals are solicited under sub. (4).
(6) The board shall, by rule, specify time periods for solicitations of bids or competitive sealed proposals under sub. (4) and for the submission of bids or competitive sealed proposals in response to the solicitations.
(7) Whenever the board directs the solicitation of bids or competitive sealed proposals under sub. (4), the department shall, before accepting or rejecting any bid or proposal, refer the question of acceptance of a bid or proposal to the board for its review. The board may thereafter determine that any bid or competitive sealed proposal is the best and most reasonable bid or proposal and may direct the department to accept that bid or proposal. Except with respect to purchases of printing or stationery, the bid or competitive sealed proposal selected by the board need not be the lowest cost bid or proposal. Consistently with specifications in the solicitation, the board may direct the department to include specified terms and conditions in any contract or order resulting from a bid or competitive sealed proposal selected by the board. If the department delegates responsibility to solicit bids or competitive sealed proposals to an executive branch agency under s. 16.71 (1), the department shall ensure that the agency complies with the directives of the board under this subsection.
(8) The board may, with respect to its responsibilities under this section:
(a) Hold public hearings and conduct studies.
(b) Consult with private commercial sources.
(c) Require any executive branch agency to provide a cost estimate or conduct a management study regarding any materials, supplies, equipment or services provided by the agency.
(d) Prescribe cost accounting standards for executive branch agencies in their preparation of cost estimates under par. (c).
(e) Prescribe, in consultation with the department or any other affected executive branch agency, specifications and procedures to which the department or other agency shall conform when soliciting bids or competitive sealed proposals.
SECTION 361k. 16.71 (1) of the statutes is amended to read:
16.71 (1) Except as authorized in s. 16.74, the department shall purchase and may delegate to special designated agents the authority to purchase all necessary materials, supplies, equipment, all other permanent personal property and miscellaneous capital, and contractual services and all other expense of a consumable nature for all agencies. In making any delegation, the department shall require the agent to adhere to all requirements imposed upon the department in making purchases under this subchapter. Any purchase or delegation of the responsibility for purchasing is subject to directives issued by the competitive enterprise review board under s. 16.706. All materials, services and other things and expense furnished to any agency and interest paid under s. 16.528 shall be charged to the proper appropriation of the agency to which furnished.
SECTION 361L. 16.71 (2) of the statutes is amended to read:
16.71 (2) The Except as otherwise directed under s. 16.706 (7), the department of administration shall delegate authority to make all purchases for prison industries to the department of corrections. This delegation may be withdrawn by the department of administration only with the consent of, and in accordance with the terms specified by, the joint committee on finance, for failure to comply with applicable purchasing rules, procedures or statutory requirements.
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.
