AB21: Bill Text

AB21,136,11 16.61 (3) (s) Shall recommend to the department procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority to optical disk format, including procedures to ensure the authenticity, accuracy and reliability of any public records or records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction. The board shall also recommend to the department qualitative standards for optical disks and copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority and the University of Wisconsin System Authority.

AB21,309 Section 309. 16.61 (13) (a) of the statutes is amended to read:

AB21,137,5 16.61 (13) (a) The historical society, as trustee for the state, shall be the ultimate depository of the archives of the state, and the board may transfer to the society such original records and reproductions as it deems proper and worthy of permanent preservation, including records and reproductions which the custodian thereof has been specifically directed by statute to preserve or keep in the custodian's office. The permanent preservation of records of the University of Wisconsin System Authority may be accomplished under par. (b). The society may deposit in the regional depositories established under s. 44.10, title remaining with the society, the records of state agencies or their district or regional offices which are primarily created in the geographic area serviced by the depository, but the records of all central departments, offices, establishments and agencies shall remain in the main archives in the capital city under the society's immediate jurisdiction, except that the society may place the records temporarily at a regional depository for periods of time to be determined by the society. Nothing in this subsection nor in ch. 44 prevents the society's taking the steps for the safety of articles and materials entrusted to its care in library, museum or archives, including temporary removal to safer locations, dictated by emergency conditions arising from a state of war, civil rebellion or other catastrophe.

AB21,310 Section 310. 16.611 (2) (a) of the statutes is amended to read:

AB21,137,16 16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority, of the University of Wisconsin System Authority, and of the Wisconsin Aerospace Authority to optical disk or electronic format and for the maintenance of such records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority, of the University of Wisconsin System Authority, or of the Wisconsin Aerospace Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction.

AB21,311 Section 311. 16.611 (2) (c) of the statutes is amended to read:

AB21,137,22 16.611 (2) (c) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority, of the University of Wisconsin System Authority, and of the Wisconsin Aerospace Authority.

AB21,312 Section 312. 16.62 (1) (a) of the statutes is amended to read:

AB21,138,3 16.62 (1) (a) To advise and assist state agencies, the University of Wisconsin System Authority, and the University of Wisconsin Hospitals and Clinics Authority in the establishment and operation of records management programs through the issuance of standards and procedures and provision of technical and management consulting services.

AB21,313 Section 313. 16.62 (1) (b) of the statutes is amended to read:

AB21,138,8 16.62 (1) (b) To operate a state records center and a central microfilm facility for state agencies, the University of Wisconsin System Authority, and the University of Wisconsin Hospitals and Clinics Authority and to promulgate rules necessary for efficient operation of the facilities.

AB21,314 Section 314. 16.62 (1) (bm) of the statutes is amended to read:

AB21,138,14 16.62 (1) (bm) To operate a storage facility for storage of public records and records of the University of Wisconsin System Authority and the University of Wisconsin Hospitals and Clinics Authority in optical disk or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.

AB21,315 Section 315. 16.62 (1) (c) of the statutes is amended to read:

AB21,138,19 16.62 (1) (c) To periodically audit the records management programs of state agencies, the University of Wisconsin System Authority, and the University of Wisconsin Hospitals and Clinics Authority and recommend improvements in records management practices.

AB21,316 Section 316. 16.64 (1) (a) of the statutes is amended to read:

AB21,138,22 16.64 (1) (a) "Board" means the board of regents of the University of Wisconsin System Authority.

AB21,317 Section 317. 16.70 (2) of the statutes is amended to read:

AB21,138,25 16.70 (2) "Authority" means a body created under subch. II of ch. 114 or under ch. 36, 231, 232, 233, 234, 237, or 279.

AB21,318 Section 318. 16.70 (3) of the statutes is amended to read:

AB21,139,6 16.70 (3) "Contractual services" includes all services, materials to be furnished by a service provider in connection with services, and any limited trades work involving less than $30,000 to be done for or furnished to the state or any agency, but does not include information technology products or services delivered from a central hosting location on a subscription basis.

AB21,319 Section 319. 16.70 (3g) of the statutes is repealed.

AB21,320 Section 320. 16.70 (8) of the statutes is amended to read:

AB21,139,13 16.70 (8) "Municipality" means a county, city, village, town, school district, board of school directors, sewer district, drainage district, technical college district, the University of Wisconsin System Authority, or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts.

AB21,321 Section 321. 16.705 (1r) (d) of the statutes is repealed.

AB21,322 Section 322. 16.705 (1r) (e) of the statutes is repealed.

AB21,323 Section 323. 16.705 (2) (a) of the statutes is amended to read:

AB21,140,2 16.705 (2) (a) The department shall promulgate rules for the procurement of contractual services by the department and its designated agents, including but not limited to rules prescribing approval and monitoring processes for contractual service contracts; except as provided in par. (b), a requirement for agencies, except for the University of Wisconsin System, to conduct a uniform cost-benefit analysis of each proposed contractual service procurement involving an estimated expenditure of more than $50,000 in accordance with standards prescribed in the rules; and, except as provided in par. (b), a requirement for agencies, except for the University of Wisconsin System, to review periodically, and before any renewal, the continued appropriateness of contracting under each contractual services agreement involving an estimated expenditure of more than $50,000.

AB21,324 Section 324. 16.705 (2) (b) of the statutes is repealed.

AB21,325 Section 325. 16.705 (8) (intro.) and (b) of the statutes are consolidated, renumbered 16.705 (8) and amended to read:

AB21,140,15 16.705 (8) The department shall, annually on or before October 15, submit to the governor, the joint committee on finance, the joint legislative audit committee and the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3), a report concerning the number, value and nature of contractual service procurements authorized for each agency during the preceding fiscal year. The report shall also include, with respect to contractual service procurements by agencies for the preceding fiscal year: (b) Recommendations, recommendations for elimination of unneeded contractual service procurements and for consolidation or resolicitation of existing contractual service procurements.

AB21,326 Section 326. 16.705 (8) (a) of the statutes is repealed.

AB21,327 Section 327. 16.71 (1m) of the statutes is amended to read:

AB21,141,6 16.71 (1m) The department shall not delegate to any executive branch agency, other than the board of regents of the University of Wisconsin System, the authority to enter into any contract for materials, supplies, equipment, or contractual services relating to information technology or telecommunications prior to review and approval of the contract by the department. The department may delegate this authority to the University of Wisconsin-Madison. No executive branch agency, other than the board of regents of the University of Wisconsin System, may enter into any such contract without review and approval of the contract by the department. The University of Wisconsin-Madison may enter into any such contract without review and approval by the department. Any executive branch agency that enters into a contract relating to information technology under this section shall comply with the requirements of s. 16.973 (13). Any delegation to the board of regents of the University of Wisconsin System or to the University of Wisconsin-Madison is subject to the limitations prescribed in s. 36.585.

AB21,328 Section 328. 16.71 (4) of the statutes is repealed.

AB21,329 Section 329. 16.72 (2) (e) (intro.) of the statutes is amended to read:

AB21,141,18 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, the University of Wisconsin System Authority, and the Lower Fox River Remediation 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:

AB21,330 Section 330. 16.72 (2) (f) of the statutes is amended to read:

AB21,142,4 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, the University of Wisconsin System Authority, and the Lower Fox River Remediation 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. 287.05 (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.

AB21,331 Section 331. 16.72 (8) of the statutes is amended to read:

AB21,142,10 16.72 (8) The department may purchase educational technology materials, supplies, equipment, or contractual services from orders placed with the department by school districts, cooperative educational service agencies, and technical college districts, the board of regents of the University of Wisconsin System, and the University of Wisconsin-Madison.

AB21,332 Section 332. 16.73 (5) of the statutes is repealed.

AB21,333 Section 333. 16.74 (2) (b) of the statutes is amended to read:

AB21,142,20 16.74 (2) (b) Contracts for purchases by the senate or assembly shall be signed by an individual designated by the organization committee of the house making the purchase. Contracts for other legislative branch purchases shall be signed by an individual designated by the joint committee on legislative organization. Contracts for purchases by the judicial commission or judicial council shall be signed by an individual designated by the commission or council, respectively. Contracts for other judicial branch purchases shall be signed by an individual designated by the director of state courts.

AB21,334 Section 334. 16.75 (1) (a) 1. of the statutes is amended to read:

AB21,143,5 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), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 50.05 (7) (f), 153.05 (2m) (a), 165.987, and 287.15 (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.

AB21,335 Section 335. 16.75 (1m) of the statutes is amended to read:

AB21,143,20 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, the University of Wisconsin System Authority, the Lower Fox River Remediation Authority, and the Wisconsin Aerospace 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.

AB21,336 Section 336. 16.75 (3m) (a) 1. of the statutes is amended to read:

AB21,143,23 16.75 (3m) (a) 1. "Disabled veteran-owned business" means a business certified by the department of administration under s. 16.283 203.03 (3).

AB21,337 Section 337. 16.75 (3m) (a) 2. of the statutes is amended to read:

AB21,144,2 16.75 (3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial adviser certified by the department of administration under s. 16.283 203.03 (3).

AB21,338 Section 338. 16.75 (3m) (a) 3. of the statutes is amended to read:

AB21,144,6 16.75 (3m) (a) 3. "Disabled veteran-owned investment firm" means an investment firm certified by the department of administration under s. 16.283 203.03 (3).

AB21,339 Section 339. 16.75 (3m) (a) 4. of the statutes is amended to read:

AB21,144,9 16.75 (3m) (a) 4. "Minority business" means a business certified by the department of administration under s. 16.287 203.07 (2).

AB21,340 Section 340. 16.75 (3m) (c) 5. a. of the statutes is amended to read:

AB21,144,16 16.75 (3m) (c) 5. a. In determining whether a purchase, contract, or subcontract complies with the goal established under par. (b) 1. or 2. or s. 16.855 (10m) (am) 1. or 2., 16.87 (2) (b) or (c), or 25.185 (2) (a) or (b), the department shall include only amounts paid to businesses, financial advisers, and investment firms certified by the department of administration under s. 16.283 203.03 or 16.287 203.07 (2), whichever is appropriate.

AB21,341 Section 341. 16.75 (3m) (c) 5. b. of the statutes is amended to read:

AB21,144,21 16.75 (3m) (c) 5. b. In determining whether a purchase, contract, or subcontract is made with a disabled veteran-owned business, the department shall include only amounts paid to disabled veteran-owned businesses certified by the department of administration under s. 16.283 203.03 (3).

AB21,342 Section 342. 16.75 (3t) (c) (intro.) of the statutes is amended to read:

AB21,145,15 16.75 (3t) (c) (intro.) The department of corrections shall periodically provide to the department of administration a current list of all materials, supplies, equipment or contractual services, excluding commodities, that are supplied by prison industries, as created under s. 303.01. The department of administration shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed proposals with respect to the purchase of any materials, supplies, equipment or contractual services enumerated in the list, the department of administration or any other designated purchasing agent under s. 16.71 (1) shall offer prison industries the opportunity to supply the materials, supplies, equipment or contractual services if the department of corrections is able to provide them at a price that is equal to or lower than comparable to one which may be obtained through competitive bidding or competitive sealed proposals and is able to conform to the specifications. If the department of administration or other purchasing agent is unable to determine whether the price of prison industries is equal to or lower than comparable to one obtained through competitive bidding or competitive sealed proposals, it may solicit bids or competitive proposals before awarding the order or contract. This paragraph does not apply to the printing of the following forms:

AB21,343 Section 343. 16.75 (3t) (c) 1. of the statutes is repealed.

AB21,344 Section 344. 16.75 (3t) (c) 6. of the statutes is repealed.

AB21,345 Section 345. 16.75 (8) of the statutes is amended to read:

AB21,145,25 16.75 (8) (am) 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, the University of Wisconsin System Authority, and the Lower Fox River Remediation 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.

AB21,146,6 (bm) Each agency and authority other than the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, and the Lower Fox River Remediation 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 fiscal year, is not less than 40% of all purchased paper.

AB21,346 Section 346. 16.75 (12) (a) 1. of the statutes is amended to read:

AB21,146,11 16.75 (12) (a) 1. "Agency" means the department of administration, the department of corrections, the department of health services, the department of public instruction, and the department of veterans affairs, and the Board of Regents of the University of Wisconsin System.

AB21,347 Section 347. 16.765 (1) of the statutes is amended to read:

AB21,146,23 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee 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.

AB21,348 Section 348. 16.765 (2) of the statutes is amended to read:

AB21,147,18 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: "In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee 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 employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause".

AB21,349 Section 349. 16.765 (4) of the statutes is amended to read:

AB21,147,25 16.765 (4) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, and the Bradley Center Sports and Entertainment Corporation shall take appropriate action to revise the standard government contract forms under this section.

AB21,350 Section 350. 16.765 (5) of the statutes is amended to read:

AB21,148,18 16.765 (5) The head of each contracting agency and the boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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 boards of directors of the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, 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.

AB21,351 Section 351. 16.765 (6) of the statutes is amended to read:

AB21,149,3 16.765 (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, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation for processing in accordance with the department's procedures.

AB21,352 Section 352. 16.765 (7) (intro.) of the statutes is amended to read:

AB21,149,14 16.765 (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, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation, the contracting agency, the University of Wisconsin Hospitals and Clinics Authority, the University of Wisconsin System Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, or the Bradley Center Sports and Entertainment Corporation shall:

AB21,353 Section 353. 16.765 (7) (d) of the statutes is amended to read: