AB150, s. 356 4Section 356. 16.62 (1) (bm) of the statutes is amended to read:
AB150,209,75 16.62 (1) (bm) To operate an optical disk a storage facility for state agencies
6storage of public records in optical disk or electronic format in accordance with rules,
7promulgated by the department under s. 16.611, governing operation of the facility.
AB150, s. 357 8Section 357. 16.62 (2) of the statutes is amended to read:
AB150,209,129 16.62 (2) The department may establish user charges for records storage and
10retrieval services, with any moneys collected to be credited to the appropriation
11account under s. 20.505 (1) (im) or (kg) (kd). Such charges shall be structured to
12encourage efficient utilization of the services.
AB150, s. 358 13Section 358. 16.62 (3) of the statutes is amended to read:
AB150,209,1614 16.62 (3) The department may establish user fees for the services of the public
15records and forms board. Any moneys collected shall be credited to the appropriation
16account under s. 20.505 (1) (kg) (kd).
****Note: This is reconciled s. 16.62 (3). This Section has been affected by drafts
with the following LRB numbers: 1253/3 and 2401/3.
AB150, s. 359 17Section 359. 16.70 (2) of the statutes is amended to read:
AB150,209,1818 16.70 (2) "Authority" means a body created under ch. 231, 232, 233 or 234.
AB150, s. 360 19Section 360. 16.701 of the statutes is created to read:
AB150,209,23 2016.701 Subscription service. The department may provide a subscription
21service containing current information of interest to prospective vendors concerning
22state procurement opportunities. The department shall charge a fee for any such
23service. The department shall prescribe the amount of the fee by rule.
AB150, s. 361
1Section 361. 16.702 of the statutes is created to read:
AB150,210,7 216.702 Contract administration fees. (1) The department shall by rule
3prescribe a contract administration fee to be paid for each state fiscal year by
4providers of materials, supplies, equipment or contractual services to agencies.
5Different contract administration fees may be assessed on the basis of different total
6dollar volumes of sales by providers to agencies within the fiscal year in which the
7fee is assessed or the preceding fiscal year.
AB150,210,17 8(2) Except as authorized in sub. (3), no person may provide any materials,
9supplies, equipment or contractual services to any agency or agencies having an
10aggregate cost to the state exceeding $500 within any fiscal year unless that person
11has paid to the department the fee prescribed under sub. (1) for the fiscal year in
12which the materials, supplies, equipment or services are provided. If different fees
13are assessed under sub. (1) for different total dollar volumes of sales, no person may
14provide any materials, supplies, equipment or contractual services to any agency or
15agencies exceeding the dollar volume applicable to the fee which the person has paid
16under sub. (1) for the fiscal year in which the materials, supplies, equipment or
17services are provided.
AB150,210,21 18(3) The secretary may waive payment of the fee prescribed under this section
19if the secretary determines that a waiver will enhance competition between
20prospective vendors or if the secretary otherwise determines that a waiver of the fee
21for any vendor or class of vendors is in the best interest of the state.
AB150,210,23 22(4) The department shall deposit all revenues received from fees assessed
23under this section in the information technology investment fund.
AB150, s. 362 24Section 362. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB150,211,9
116.72 (2) (e) (intro.) In writing the specifications under this subsection, the
2department and any other designated purchasing agent under s. 16.71 (1) shall
3incorporate requirements for the purchase of products made from recycled materials
4and recovered materials if their use is technically and economically feasible. Each
5authority other than the University of Wisconsin Hospitals and Clinics Authority, in
6writing specifications for purchasing by the authority, shall incorporate
7requirements for the purchase of products made from recycled materials and
8recovered materials if their use is technically and economically feasible. The
9specifications shall include requirements for the purchase of the following materials:
AB150, s. 363 10Section 363. 16.72 (2) (f) of the statutes is amended to read:
AB150,211,1911 16.72 (2) (f) In writing specifications under this subsection, the department,
12any other designated purchasing agent under s. 16.71 (1) and each authority other
13than the University of Wisconsin Hospitals and Clinics Authority
shall incorporate
14requirements relating to the recyclability and ultimate disposition of products and,
15wherever possible, shall write the specifications so as to minimize the amount of solid
16waste generated by the state, consistent with the priorities established under s.
17159.05 (12). All specifications under this subsection shall discourage the purchase
18of single-use, disposable products and require, whenever practical, the purchase of
19multiple-use, durable products.
AB150, s. 364 20Section 364. 16.72 (7) (intro.) of the statutes is amended to read:
AB150,212,221 16.72 (7) (intro.)  Annually, by March 1, the department shall submit to the
22council on recycling market development board a report regarding the department's
23resource recovery and recycling activities of the preceding year. The report shall
24include information concerning the level of compliance by the department and other
25agencies and authorities other than the University of Wisconsin Hospitals and

1Clinics Authority
with all of the following and reasons for any failure to fully comply
2with all of the following:
****Note: This is reconciled s. 16.72 (7) (intro.). This Section has been affected by
drafts with the following LRB numbers: LRB-2017 and LRB-2598.
AB150, s. 365 3Section 365. 16.72 (7) (a) of the statutes is amended to read:
AB150,212,84 16.72 (7) (a) The requirements under s. 16.75 (8) (a) and (9) that the
5department and other purchasing agents and authorities specified in sub. (2) (e) and
6(f)
make purchasing selections using specifications prescribed under sub. (2) (e) and
7(f) and specifically that each such agency and authority ensure that a minimum
8proportion of its aggregate paper purchases be recycled fiber.
AB150, s. 366 9Section 366. 16.72 (7) (c) of the statutes is amended to read:
AB150,212,1210 16.72 (7) (c) The requirement of s. 16.15 (3) that agencies and authorities to
11which s. 16.15 (3) applies
separate for recycling the materials specified in that
12subsection.
AB150, s. 367 13Section 367. 16.73 (5) of the statutes is created to read:
AB150,212,2114 16.73 (5) If the department designates the board of regents of the University
15of Wisconsin System as its purchasing agent for any purpose under s. 16.71 (1), the
16board may enter into a contract to sell any materials, supplies, equipment or
17contractual services purchased by the board to the University of Wisconsin Hospitals
18and Clinics Authority, and may contract with the University of Wisconsin Hospitals
19and Clinics Authority for the joint purchase of any materials, supplies, equipment
20or contractual services if the sale or purchase is made consistently with that
21delegation and with this subchapter.
AB150, s. 368 22Section 368. 16.75 (1) (a) 1. of the statutes is amended to read:
AB150,213,8
116.75 (1) (a) 1. All orders awarded or contracts made by the department for all
2materials, supplies, equipment and contractual services to be provided to any
3agency
, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
4(6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and 159.15 (7),
5shall be awarded to the lowest responsible bidder, taking into consideration life cycle
6cost estimates under sub. (1m), when appropriate, the location of the agency, the
7quantities of the articles to be supplied, their conformity with the specifications, and
8the purposes for which they are required and the date of delivery.
AB150, s. 369 9Section 369. 16.75 (1) (b) of the statutes is amended to read:
AB150,213,1510 16.75 (1) (b) When the estimated cost exceeds $10,000 $25,000, due notice
11inviting bids shall be published as a class 2 notice, under ch. 985, and the bids shall
12not be opened until at least 7 days from the last day of publication. The official
13advertisement shall give a clear description of the materials, supplies, equipment or
14service to be purchased, the amount of the bond, share draft, check or other draft to
15be submitted as surety with the bid and the date of public opening.
AB150, s. 370 16Section 370. 16.75 (1) (c) of the statutes is amended to read:
AB150,213,1917 16.75 (1) (c) Except as provided in sub. (7), when the estimated cost is $10,000
18$25,000 or less, the award may be made in accordance with simplified procedures
19established by the department for such transactions.
AB150, s. 371 20Section 371. 16.75 (1m) of the statutes is amended to read:
AB150,214,721 16.75 (1m) The department shall award each order or contract for materials,
22supplies or equipment on the basis of life cycle cost estimates, whenever such action
23is appropriate. Each authority other than the University of Wisconsin Hospitals and
24Clinics Authority
shall award each order or contract for materials, supplies or
25equipment on the basis of life cycle cost estimates, whenever such action is

1appropriate. The terms, conditions and evaluation criteria to be applied shall be
2incorporated in the solicitation of bids or proposals. The life cycle cost formula may
3include, but is not limited to, the applicable costs of energy efficiency, acquisition and
4conversion, money, transportation, warehousing and distribution, training,
5operation and maintenance and disposition or resale. The department shall prepare
6documents containing technical guidance for the development and use of life cycle
7cost estimates, and shall make the documents available to local governmental units.
AB150, s. 372 8Section 372. 16.75 (2m) (b) of the statutes is amended to read:
AB150,214,149 16.75 (2m) (b) When the estimated cost exceeds $10,000 $25,000, the
10department shall publish a class 2 notice under ch. 985 inviting competitive sealed
11proposals. The advertisement shall describe the materials, supplies, equipment or
12service to be purchased, the intent to solicit proposals rather than bids, any
13requirement for surety and the date the proposals will be opened, which shall be at
14least 7 days after the date of the last insertion of the notice.
AB150, s. 373 15Section 373. 16.75 (2m) (c) of the statutes is amended to read:
AB150,214,1816 16.75 (2m) (c) When the estimated cost is $10,000 $25,000 or less, the
17department may award the order or contract in accordance with simplified
18procedures established by the department for such transactions.
AB150, s. 374 19Section 374. 16.75 (3t) (a) of the statutes is amended to read:
AB150,214,2120 16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 16.61
21(2) (ad)
16.97 (5m).
AB150, s. 375 22Section 375. 16.75 (4) (a) (intro.) of the statutes is amended to read:
AB150,215,323 16.75 (4) (a) (intro.) The department shall encourage the participation of small
24businesses and veteran-owned businesses in the statewide purchasing program by
25ensuring that there are no undue impediments to such participation and by actively

1encouraging small businesses and veteran-owned businesses to play an active role
2in the solicitation of public purchasing business by agencies. To that end the
3department shall:
AB150, s. 376 4Section 376. 16.75 (6) (am) 1. of the statutes is repealed.
AB150, s. 377 5Section 377. 16.75 (6) (am) 2. of the statutes is renumbered 16.75 (6) (am) and
6amended to read:
AB150,215,97 16.75 (6) (am) Subsections (1) and (3t) do not apply to major procurements by
8the division of information technology services or by the division of technology
9management of the department
.
AB150, s. 378 10Section 378. 16.75 (6) (b) of the statutes is amended to read:
AB150,215,1711 16.75 (6) (b) If the secretary determines that it is in the best interest of this
12state to do so, he or she may waive the requirements of subs. (1) to (5) and may
13purchase supplies, materials, equipment or contractual services, other than printing
14and stationery, from another state, from any county, city, village, town or other
15governmental body in this state or from a regional or national consortium composed
16of nonprofit institutions that support governmental or educational services, or
17through a contract established by one of those entities with one or more 3rd parties
.
AB150, s. 379 18Section 379. 16.75 (6) (c) of the statutes is amended to read:
AB150,216,419 16.75 (6) (c) If the secretary determines that it is in the best interest of this state
20to do so, he or she may, with the approval of the governor, waive the requirements
21of subs. (1) to (5) and may purchase supplies, material, equipment or contractual
22services, other than printing and stationery, from a private source other than a
23source specified in par. (b). Except as provided in sub. (2g) (c), if the cost of the
24purchase is expected to exceed $10,000 $25,000, the department shall publish a class
252 notice under ch. 985 describing the materials, supplies, equipment or contractual

1services to be purchased, stating the intent to make the purchase from a private
2source without soliciting bids or competitive sealed proposals and stating the date
3on which the contract or purchase order will be awarded. The date shall be at least
47 days after the date of the last insertion.
AB150, s. 380 5Section 380. 16.75 (8) (a) 1. of the statutes is amended to read:
AB150,216,116 16.75 (8) (a) 1. The department, any other designated purchasing agent under
7s. 16.71 (1), any agency making purchases under s. 16.74 and each authority other
8than the University of Wisconsin Hospitals and Clinics Authority
shall, to the extent
9practicable, make purchasing selections using specifications developed under s.
1016.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and
11recovered materials.
AB150, s. 381 12Section 381. 16.75 (8) (a) 2. (intro.) of the statutes is amended to read:
AB150,216,1713 16.75 (8) (a) 2. (intro.) Each agency and authority other than the University
14of Wisconsin Hospitals and Clinics Authority
shall ensure that the average recycled
15or recovered content of all paper purchased by the agency or authority measured as
16a proportion, by weight, of the fiber content of paper products purchased in a
17calendar year, is not less than the following:
AB150, s. 382 18Section 382. 16.75 (9) of the statutes is amended to read:
AB150,216,2319 16.75 (9) The department, any other designated purchasing agent under s.
2016.71 (1), any agency making purchases under s. 16.74 and any authority other than
21the University of Wisconsin Hospitals and Clinics Authority
shall, to the extent
22practicable, make purchasing selections using specifications prepared under s. 16.72
23(2) (f).
AB150, s. 383 24Section 383. 16.752 (7) (a) 1. of the statutes is amended to read:
AB150,217,3
116.752 (7) (a) 1. A legible copy of the articles of incorporation of the organization
2showing the date of filing and with the seal of the secretary of state department of
3revenue
.
AB150, s. 384 4Section 384. 16.752 (8) (e) of the statutes is amended to read:
AB150,217,85 16.752 (8) (e) Comply with applicable occupational health and safety standards
6prescribed by the U.S. secretary of labor, the federal occupational health and safety
7administration or the department of industry, labor and human relations
8development.
AB150, s. 385 9Section 385. 16.76 (1) of the statutes is amended to read:
AB150,217,1510 16.76 (1) All contracts for materials, supplies, equipment or contractual
11services to be provided to any agency shall run to the state of Wisconsin. Such
12contracts shall be signed by the secretary or an individual authorized by the
13secretary, except that contracts entered into directly by the legislature, the courts or
14a legislative service or judicial branch agency shall be signed by an individual
15authorized under s. 16.74 (2) (b).
AB150, s. 386 16Section 386. 16.765 (1) of the statutes is amended to read:
AB150,217,2417 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and
18Clinics Authority
and the Bradley center sports and entertainment corporation
19under ch. 232 shall include in all contracts executed by them a provision obligating
20the contractor not to discriminate against any employe or applicant for employment
21because of age, race, religion, color, handicap, sex, physical condition, developmental
22disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m)
23or national origin and, except with respect to sexual orientation, obligating the
24contractor to take affirmative action to ensure equal employment opportunities.
AB150, s. 387
1Section 387. 16.765 (2) (intro.) and (a) of the statutes are consolidated,
2renumbered 16.765 (2) and amended to read:
AB150,218,173 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and
4Clinics Authority
and the Bradley center sports and entertainment corporation shall
5include the following provision in every contract executed by them: (a) "In
6connection with the performance of work under this contract, the contractor agrees
7not to discriminate against any employe or applicant for employment because of age,
8race, religion, color, handicap, sex, physical condition, developmental disability as
9defined in s. 51.01 (5), sexual orientation or national origin. This provision shall
10include, but not be limited to, the following: employment, upgrading, demotion or
11transfer; recruitment or recruitment advertising; layoff or termination; rates of pay
12or other forms of compensation; and selection for training, including apprenticeship.
13Except with respect to sexual orientation, the contractor further agrees to take
14affirmative action to ensure equal employment opportunities. The contractor agrees
15to post in conspicuous places, available for employes and applicants for employment,
16notices to be provided by the contracting officer setting forth the provisions of the
17nondiscrimination clause."
AB150, s. 388 18Section 388. 16.765 (4) to (7) (intro.) of the statutes are amended to read:
AB150,218,2219 16.765 (4) The contracting Contracting agencies, the University of Wisconsin
20Hospitals and Clinics Authority
and the Bradley center sports and entertainment
21corporation shall take appropriate action to revise the standard government contract
22forms under this section.
AB150,219,8 23(5) The head of each contracting agency and the board boards of directors of the
24University of Wisconsin Hospitals and Clinics Authority and the Bradley center
25sports and entertainment corporation shall be primarily responsible for obtaining

1compliance by any contractor with the nondiscrimination and affirmative action
2provisions prescribed by this section, according to procedures recommended by the
3department. The department shall make recommendations to the contracting
4agencies and the board boards of directors of the University of Wisconsin Hospitals
5and Clinics Authority and the
Bradley center sports and entertainment corporation
6for improving and making more effective the nondiscrimination and affirmative
7action provisions of contracts. The department shall promulgate such rules as may
8be necessary for the performance of its functions under this section.
AB150,219,14 9(6) The department may receive complaints of alleged violations of the
10nondiscrimination provisions of such contracts. The department shall investigate
11and determine whether a violation of this section has occurred. The department may
12delegate this authority to the contracting agency, the University of Wisconsin
13Hospitals and Clinics Authority
or the Bradley center sports and entertainment
14corporation for processing in accordance with the department's procedures.
AB150,219,19 15(7) (intro.)  When a violation of this section has been determined by the
16department, the contracting agency, the University of Wisconsin Hospitals and
17Clinics Authority
or the Bradley center sports and entertainment corporation, the
18contracting agency, the University of Wisconsin Hospitals and Clinics Authority or
19the Bradley center sports and entertainment corporation shall:
AB150, s. 389 20Section 389. 16.765 (7) (d) of the statutes is amended to read:
AB150,219,2421 16.765 (7) (d) Direct the violating party to take immediate steps to prevent
22further violations of this section and to report its corrective action to the contracting
23agency, the University of Wisconsin Hospitals and Clinics Authority or the Bradley
24center sports and entertainment corporation.
AB150, s. 390 25Section 390. 16.78 (1) of the statutes is amended to read:
AB150,220,8
116.78 (1) Every agency other than the board of regents of the university of
2Wisconsin system or
an agency making purchases under s. 16.74 shall purchase all
3computer services from the division of information technology services in the
4department of administration, unless the division grants written authorization to
5the agency to procure the services under s. 16.75 (1), to purchase the services from
6another agency or to provide the services to itself. The board of regents of the
7university of Wisconsin system may purchase computer services from the division of
8information technology services.
AB150, s. 391 9Section 391. 16.84 (3) (intro.) of the statutes is created to read:
AB150,220,1310 16.84 (3) (intro.) Contract with the gaming commission for the performance of
11the gaming security functions specified in s. 561.02 (2), if so requested by the gaming
12commission. If the department contracts with the gaming commission for the
13performance of these functions, the department shall:
AB150, s. 392 14Section 392. 16.84 (5) of the statutes is amended to read:
AB150,220,2415 16.84 (5) Have responsibility, subject to approval of the governor, for all
16functions relating to the leasing, acquisition, allocation and utilization of all real
17property by the state, except where such responsibility is otherwise provided by the
18statutes. In this connection, the department shall, with the governor's approval,
19require physical consolidation of office space utilized by any agency having fewer
20than 50 authorized full-time equivalent positions with office space utilized by
21another agency, whenever feasible.
The department shall lease or acquire office
22space for legislative offices or legislative service agencies at the direction of the joint
23committee on legislative organization. In this subsection, "agency" has the meaning
24given in s. 16.70 (1) but does not include the legislature or a legislative service agency.
AB150, s. 393 25Section 393. 16.84 (14) of the statutes is created to read:
AB150,221,3
116.84 (14) Provide interagency mail delivery service for agencies, as defined
2in s. 16.70 (1). The department may charge agencies for this service. Any moneys
3collected shall be credited to the appropriation account under s. 20.505 (1) (kd).
AB150, s. 394 4Section 394. 16.845 (1) of the statutes is amended to read:
AB150,221,215 16.845 (1) Rule; penalty. Except as elsewhere expressly prohibited, the
6managing authority of any facility owned by the state or by the University of
7Wisconsin Hospitals and Clinics Authority
may permit its use for free discussion of
8public questions, or for civic, social, recreational or athletic activities. No such use
9shall be permitted if it would unduly burden the managing authority or interfere
10with the prime use of such facility. The applicant for use shall be liable to the state
11or to the University of Wisconsin Hospitals and Clinics Authority for any injury done
12to its property, for any expense arising out of any such use and for such sum as the
13managing authority may charge for such use. All such sums are to payable to the
14state shall
be paid into the general fund and to be credited to the appropriation
15account for the operation of the facility used. The managing authority may permit
16such use notwithstanding the fact that a reasonable admission fee may be charged
17to the public. Whoever does or attempts to do an act for which a permit is required
18under this section without first obtaining the permit may be fined not more than
19$100 or imprisoned not more than 30 days or both. This section subsection applies
20only to those buildings, facilities and grounds for which a procedure for obtaining a
21permit has been established by the managing authority.
AB150, s. 395 22Section 395. 16.847 (4) (a) of the statutes is repealed.
AB150, s. 396 23Section 396. 16.847 (4) (h) of the statutes is repealed.
AB150, s. 397 24Section 397. 16.847 (4) (hm) of the statutes is created to read:
AB150,221,2525 16.847 (4) (hm) Section 20.505 (1) (ec).
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