AB21,138,1916
16.62
(1) (c) To periodically audit the records management programs of state
17agencies
, the University of Wisconsin System Authority, and the University of
18Wisconsin Hospitals and Clinics Authority and recommend improvements in records
19management practices.
AB21,316
20Section
316. 16.64 (1) (a) of the statutes is amended to read:
AB21,138,2221
16.64
(1) (a) "Board" means the board of regents of the University of Wisconsin
22System
Authority.
AB21,317
23Section
317. 16.70 (2) of the statutes is amended to read:
AB21,138,2524
16.70
(2) "Authority" means a body created under subch. II of ch. 114 or under
25ch.
36, 231, 232, 233,
234, 237, or 279.
AB21,318
1Section
318. 16.70 (3) of the statutes is amended to read:
AB21,139,62
16.70
(3) "Contractual services" includes all services, materials to be furnished
3by a service provider in connection with services, and any limited trades work
4involving less than $30,000 to be done for or furnished to the state or any agency
, but
5does not include information technology products or services delivered from a central
6hosting location on a subscription basis.
AB21,319
7Section
319. 16.70 (3g) of the statutes is repealed.
AB21,320
8Section
320. 16.70 (8) of the statutes is amended to read:
AB21,139,139
16.70
(8) "Municipality" means a county, city, village, town, school district,
10board of school directors, sewer district, drainage district, technical college district
,
11the University of Wisconsin System Authority, or any other public or quasi-public
12corporation, officer, board or other body having the authority to award public
13contracts.
AB21,321
14Section
321. 16.705 (1r) (d) of the statutes is repealed.
AB21,322
15Section
322. 16.705 (1r) (e) of the statutes is repealed.
AB21,323
16Section
323. 16.705 (2) (a) of the statutes is amended to read:
AB21,140,217
16.705
(2) (a) The department shall promulgate rules for the procurement of
18contractual services by the department and its designated agents, including but not
19limited to rules prescribing approval and monitoring processes for contractual
20service contracts
; except as provided in par. (b), a requirement for agencies, except
21for the University of Wisconsin System, to conduct a uniform cost-benefit analysis
22of each proposed contractual service procurement involving an estimated
23expenditure of more than $50,000 in accordance with standards prescribed in the
24rules; and, except as provided in par. (b), a requirement for agencies, except for the
25University of Wisconsin System, to review periodically, and before any renewal, the
1continued appropriateness of contracting under each contractual services
2agreement involving an estimated expenditure of more than $50,000.
AB21,324
3Section
324. 16.705 (2) (b) of the statutes is repealed.
AB21,325
4Section
325. 16.705 (8) (intro.) and (b) of the statutes are consolidated,
5renumbered 16.705 (8) and amended to read:
AB21,140,156
16.705
(8) The department shall, annually on or before October 15, submit to
7the governor, the joint committee on finance, the joint legislative audit committee
8and the chief clerk of each house of the legislature for distribution to the appropriate
9standing committees under s. 13.172 (3), a report concerning the number, value and
10nature of contractual service procurements authorized for each agency during the
11preceding fiscal year. The report shall also include, with respect to contractual
12service procurements by agencies for the preceding fiscal year
: (b)
13Recommendations, recommendations for elimination of unneeded contractual
14service procurements and for consolidation or resolicitation of existing contractual
15service procurements.
AB21,326
16Section
326. 16.705 (8) (a) of the statutes is repealed.
AB21,327
17Section
327. 16.71 (1m) of the statutes is amended to read:
AB21,141,618
16.71
(1m) The department shall not delegate to any executive branch agency
,
19other than the board of regents of the University of Wisconsin System, the authority
20to enter into any contract for materials, supplies, equipment, or contractual services
21relating to information technology or telecommunications prior to review and
22approval of the contract by the department.
The department may delegate this
23authority to the University of Wisconsin-Madison. No executive branch agency
,
24other than the board of regents of the University of Wisconsin System, may enter into
25any such contract without review and approval of the contract by the department.
1The University of Wisconsin-Madison may enter into any such contract without
2review and approval by the department. Any executive branch agency that enters
3into a contract relating to information technology under this section shall comply
4with the requirements of s. 16.973 (13).
Any delegation to the board of regents of the
5University of Wisconsin System or to the University of Wisconsin-Madison is subject
6to the limitations prescribed in s. 36.585.
AB21,328
7Section
328. 16.71 (4) of the statutes is repealed.
AB21,329
8Section
329. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB21,141,189
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
10department and any other designated purchasing agent under s. 16.71 (1) shall
11incorporate requirements for the purchase of products made from recycled materials
12and recovered materials if their use is technically and economically feasible. Each
13authority other than the University of Wisconsin Hospitals and Clinics Authority
,
14the University of Wisconsin System Authority, and the Lower Fox River Remediation
15Authority, in writing specifications for purchasing by the authority, shall incorporate
16requirements for the purchase of products made from recycled materials and
17recovered materials if their use is technically and economically feasible. The
18specifications shall include requirements for the purchase of the following materials:
AB21,330
19Section
330. 16.72 (2) (f) of the statutes is amended to read:
AB21,142,420
16.72
(2) (f) In writing specifications under this subsection, the department,
21any other designated purchasing agent under s. 16.71 (1), and each authority other
22than the University of Wisconsin Hospitals and Clinics Authority
, the University of
23Wisconsin System Authority, and the Lower Fox River Remediation Authority shall
24incorporate requirements relating to the recyclability and ultimate disposition of
25products and, wherever possible, shall write the specifications so as to minimize the
1amount of solid waste generated by the state, consistent with the priorities
2established under s. 287.05 (12). All specifications under this subsection shall
3discourage the purchase of single-use, disposable products and require, whenever
4practical, the purchase of multiple-use, durable products.
AB21,331
5Section
331. 16.72 (8) of the statutes is amended to read:
AB21,142,106
16.72
(8) The department may purchase educational technology materials,
7supplies, equipment, or contractual services from orders placed with the department
8by school districts, cooperative educational service agencies,
and technical college
9districts
, the board of regents of the University of Wisconsin System, and the
10University of Wisconsin-Madison.
AB21,332
11Section
332. 16.73 (5) of the statutes is repealed.
AB21,333
12Section
333. 16.74 (2) (b) of the statutes is amended to read:
AB21,142,2013
16.74
(2) (b) Contracts for purchases by the senate or assembly shall be signed
14by an individual designated by the organization committee of the house making the
15purchase. Contracts for other legislative branch purchases shall be signed by an
16individual designated by the joint committee on legislative organization. Contracts
17for purchases by the judicial commission
or judicial council shall be signed by an
18individual designated by the commission
or council, respectively. Contracts for other
19judicial branch purchases shall be signed by an individual designated by the director
20of state courts.
AB21,334
21Section
334. 16.75 (1) (a) 1. of the statutes is amended to read:
AB21,143,522
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
23materials, supplies, equipment, and contractual services to be provided to any
24agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
25(6), (7), (8), (9), (10e), and (10m) and ss. 16.705 (1r), 16.73 (4) (a), 16.751, 16.754, 50.05
1(7) (f), 153.05 (2m) (a),
165.987, and 287.15 (7), shall be awarded to the lowest
2responsible bidder, taking into consideration life cycle cost estimates under sub.
3(1m), when appropriate, the location of the agency, the quantities of the articles to
4be supplied, their conformity with the specifications, and the purposes for which they
5are required and the date of delivery.
AB21,335
6Section
335. 16.75 (1m) of the statutes is amended to read:
AB21,143,207
16.75
(1m) The department shall award each order or contract for materials,
8supplies or equipment on the basis of life cycle cost estimates, whenever such action
9is appropriate. Each authority other than the University of Wisconsin Hospitals and
10Clinics Authority,
the University of Wisconsin System Authority, the Lower Fox
11River Remediation Authority, and the Wisconsin Aerospace Authority shall award
12each order or contract for materials, supplies or equipment on the basis of life cycle
13cost estimates, whenever such action is appropriate. The terms, conditions and
14evaluation criteria to be applied shall be incorporated in the solicitation of bids or
15proposals. The life cycle cost formula may include, but is not limited to, the
16applicable costs of energy efficiency, acquisition and conversion, money,
17transportation, warehousing and distribution, training, operation and maintenance
18and disposition or resale. The department shall prepare documents containing
19technical guidance for the development and use of life cycle cost estimates, and shall
20make the documents available to local governmental units.
AB21,336
21Section
336. 16.75 (3m) (a) 1. of the statutes is amended to read:
AB21,143,2322
16.75
(3m) (a) 1. "Disabled veteran-owned business" means a business
23certified
by the department of administration under s.
16.283 203.03 (3).
AB21,337
24Section
337. 16.75 (3m) (a) 2. of the statutes is amended to read:
AB21,144,2
116.75
(3m) (a) 2. "Disabled veteran-owned financial adviser" means a financial
2adviser certified
by the department of administration under s.
16.283 203.03 (3).
AB21,338
3Section
338. 16.75 (3m) (a) 3. of the statutes is amended to read:
AB21,144,64
16.75
(3m) (a) 3. "Disabled veteran-owned investment firm" means an
5investment firm certified
by the department of administration under s.
16.283 6203.03 (3).
AB21,339
7Section
339. 16.75 (3m) (a) 4. of the statutes is amended to read:
AB21,144,98
16.75
(3m) (a) 4. "Minority business" means a business certified
by the
9department of administration under s.
16.287
203.07 (2).
AB21,340
10Section
340. 16.75 (3m) (c) 5. a. of the statutes is amended to read:
AB21,144,1611
16.75
(3m) (c) 5. a. In determining whether a purchase, contract, or subcontract
12complies with the goal established under par. (b) 1. or 2. or s. 16.855 (10m) (am) 1.
13or 2., 16.87 (2) (b) or (c), or 25.185 (2) (a) or (b), the department shall include only
14amounts paid to businesses, financial advisers, and investment firms certified
by the
15department of administration under s.
16.283
203.03 or
16.287 203.07 (2), whichever
16is appropriate.
AB21,341
17Section
341. 16.75 (3m) (c) 5. b. of the statutes is amended to read:
AB21,144,2118
16.75
(3m) (c) 5. b. In determining whether a purchase, contract, or subcontract
19is made with a disabled veteran-owned business, the department shall include only
20amounts paid to disabled veteran-owned businesses certified
by the department of
21administration under s.
16.283 203.03 (3).
AB21,342
22Section
342. 16.75 (3t) (c) (intro.) of the statutes is amended to read:
AB21,145,1523
16.75
(3t) (c) (intro.) The department of corrections shall periodically provide
24to the department of administration a current list of all materials, supplies,
25equipment or contractual services, excluding commodities, that are supplied by
1prison industries, as created under s. 303.01. The department of administration
2shall distribute the list to all designated purchasing agents under s. 16.71 (1). Except
3as otherwise provided in sub. (6) (am), prior to seeking bids or competitive sealed
4proposals with respect to the purchase of any materials, supplies, equipment or
5contractual services enumerated in the list, the department of administration or any
6other designated purchasing agent under s. 16.71 (1) shall offer prison industries the
7opportunity to supply the materials, supplies, equipment or contractual services if
8the department of corrections is able to provide them at a price that is
equal to or
9lower than comparable to one which may be obtained through competitive bidding
10or competitive sealed proposals and is able to conform to the specifications. If the
11department of administration or other purchasing agent is unable to determine
12whether the price of prison industries is
equal to or lower than comparable to one
13obtained through competitive bidding or competitive sealed proposals, it may solicit
14bids or competitive proposals before awarding the order or contract. This paragraph
15does not apply to the printing of the following forms:
AB21,343
16Section
343. 16.75 (3t) (c) 1. of the statutes is repealed.
AB21,344
17Section
344. 16.75 (3t) (c) 6. of the statutes is repealed.
AB21,345
18Section
345. 16.75 (8) of the statutes is amended to read:
AB21,145,2519
16.75
(8) (am) The department, any other designated purchasing agent under
20s. 16.71 (1), any agency making purchases under s. 16.74, and each authority other
21than the University of Wisconsin Hospitals and Clinics Authority
, the University of
22Wisconsin System Authority, and the Lower Fox River Remediation Authority shall,
23to the extent practicable, make purchasing selections using specifications developed
24under s. 16.72 (2) (e) to maximize the purchase of materials utilizing recycled
25materials and recovered materials.
AB21,146,6
1(bm) Each agency and authority other than the University of Wisconsin
2Hospitals and Clinics Authority
, the University of Wisconsin System Authority, and
3the Lower Fox River Remediation Authority shall ensure that the average recycled
4or recovered content of all paper purchased by the agency or authority measured as
5a proportion, by weight, of the fiber content of paper products purchased in a fiscal
6year, is not less than 40% of all purchased paper.
AB21,346
7Section
346. 16.75 (12) (a) 1. of the statutes is amended to read:
AB21,146,118
16.75
(12) (a) 1. "Agency" means the department of administration, the
9department of corrections, the department of health services, the department of
10public instruction,
and the department of veterans affairs
, and the Board of Regents
11of the University of Wisconsin System.
AB21,347
12Section
347. 16.765 (1) of the statutes is amended to read:
AB21,146,2313
16.765
(1) Contracting agencies, the University of Wisconsin Hospitals and
14Clinics Authority,
the University of Wisconsin System Authority, the Fox River
15Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
16River Remediation Authority,
the Wisconsin Economic Development Corporation, 17and the Bradley Center Sports and Entertainment Corporation shall include in all
18contracts executed by them a provision obligating the contractor not to discriminate
19against any employee or applicant for employment because of age, race, religion,
20color, handicap, sex, physical condition, developmental disability as defined in s.
2151.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin and,
22except with respect to sexual orientation, obligating the contractor to take
23affirmative action to ensure equal employment opportunities.
AB21,348
24Section
348. 16.765 (2) of the statutes is amended to read:
AB21,147,18
116.765
(2) Contracting agencies, the University of Wisconsin Hospitals and
2Clinics Authority,
the University of Wisconsin System Authority, the Fox River
3Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
4River Remediation Authority,
the Wisconsin Economic Development Corporation, 5and the Bradley Center Sports and Entertainment Corporation shall include the
6following provision in every contract executed by them: "In connection with the
7performance of work under this contract, the contractor agrees not to discriminate
8against any employee or applicant for employment because of age, race, religion,
9color, handicap, sex, physical condition, developmental disability as defined in s.
1051.01 (5), sexual orientation or national origin. This provision shall include, but not
11be limited to, the following: employment, upgrading, demotion or transfer;
12recruitment or recruitment advertising; layoff or termination; rates of pay or other
13forms of compensation; and selection for training, including apprenticeship. Except
14with respect to sexual orientation, the contractor further agrees to take affirmative
15action to ensure equal employment opportunities. The contractor agrees to post in
16conspicuous places, available for employees and applicants for employment, notices
17to be provided by the contracting officer setting forth the provisions of the
18nondiscrimination clause".
AB21,349
19Section
349. 16.765 (4) of the statutes is amended to read:
AB21,147,2520
16.765
(4) Contracting agencies, the University of Wisconsin Hospitals and
21Clinics Authority,
the University of Wisconsin System Authority, the Fox River
22Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox
23River Remediation Authority, and the Bradley Center Sports and Entertainment
24Corporation shall take appropriate action to revise the standard government
25contract forms under this section.
AB21,350
1Section
350. 16.765 (5) of the statutes is amended to read:
AB21,148,182
16.765
(5) The head of each contracting agency and the boards of directors of
3the University of Wisconsin Hospitals and Clinics Authority,
the University of
4Wisconsin System Authority, the Fox River Navigational System Authority, the
5Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
6Wisconsin Economic Development Corporation, and the Bradley Center Sports and
7Entertainment Corporation shall be primarily responsible for obtaining compliance
8by any contractor with the nondiscrimination and affirmative action provisions
9prescribed by this section, according to procedures recommended by the department.
10The department shall make recommendations to the contracting agencies and the
11boards of directors of the University of Wisconsin Hospitals and Clinics Authority,
12the University of Wisconsin System Authority, the Fox River Navigational System
13Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation
14Authority,
the Wisconsin Economic Development Corporation, and the Bradley
15Center Sports and Entertainment Corporation for improving and making more
16effective the nondiscrimination and affirmative action provisions of contracts. The
17department shall promulgate such rules as may be necessary for the performance of
18its functions under this section.
AB21,351
19Section
351. 16.765 (6) of the statutes is amended to read:
AB21,149,320
16.765
(6) The department may receive complaints of alleged violations of the
21nondiscrimination provisions of such contracts. The department shall investigate
22and determine whether a violation of this section has occurred. The department may
23delegate this authority to the contracting agency, the University of Wisconsin
24Hospitals and Clinics Authority,
the University of Wisconsin System Authority, the
25Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
1Lower Fox River Remediation Authority,
the Wisconsin Economic Development
2Corporation, or the Bradley Center Sports and Entertainment Corporation for
3processing in accordance with the department's procedures.
AB21,352
4Section
352. 16.765 (7) (intro.) of the statutes is amended to read:
AB21,149,145
16.765
(7) (intro.) When a violation of this section has been determined
by the
6department, the contracting agency, the University of Wisconsin Hospitals and
7Clinics Authority, the Fox River Navigational System Authority, the Wisconsin
8Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin
9Economic Development Corporation, or the Bradley Center Sports and
10Entertainment Corporation, the contracting agency, the University of Wisconsin
11Hospitals and Clinics Authority,
the University of Wisconsin System Authority, the
12Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the
13Lower Fox River Remediation Authority, the
Wisconsin Economic Development
14Corporation, or the Bradley Center Sports and Entertainment Corporation shall:
AB21,353
15Section
353. 16.765 (7) (d) of the statutes is amended to read:
AB21,149,2216
16.765
(7) (d) Direct the violating party to take immediate steps to prevent
17further violations of this section and to report its corrective action to the contracting
18agency, the University of Wisconsin Hospitals and Clinics Authority,
the University
19of Wisconsin System Authority, the Fox River Navigational System Authority, the
20Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
21Wisconsin Economic Development Corporation, or the Bradley Center Sports and
22Entertainment Corporation.
AB21,354
23Section
354. 16.765 (8) of the statutes is amended to read:
AB21,150,1424
16.765
(8) If further violations of this section are committed during the term
25of the contract, the contracting agency, the Fox River Navigational System Authority,
1the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
2Wisconsin Economic Development Corporation, or the Bradley Center Sports and
3Entertainment Corporation may permit the violating party to complete the contract,
4after complying with this section, but thereafter the contracting agency, the Fox
5River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower
6Fox River Remediation Authority,
the Wisconsin Economic Development
7Corporation, or the Bradley Center Sports and Entertainment Corporation shall
8request the department to place the name of the party on the ineligible list for state
9contracts, or the contracting agency, the Fox River Navigational System Authority,
10the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority,
the
11Wisconsin Economic Development Corporation, or the Bradley Center Sports and
12Entertainment Corporation may terminate the contract without liability for the
13uncompleted portion or any materials or services purchased or paid for by the
14contracting party for use in completing the contract.
AB21,355
15Section
355. 16.78 (1) of the statutes is amended to read:
AB21,151,416
16.78
(1) Every agency other than
the board of regents of the University of
17Wisconsin System, the University of Wisconsin-Madison, or an agency making
18purchases under s. 16.74 shall make all purchases of materials, supplies, equipment,
19and contractual services relating to information technology or telecommunications
20from the department, unless the department requires the agency to purchase the
21materials, supplies, equipment, or contractual services pursuant to a master
22contract established under s. 16.972 (2) (h), or grants written authorization to the
23agency to procure the materials, supplies, equipment, or contractual services under
24s. 16.75 (1) or (2m), to purchase the materials, supplies, equipment, or contractual
25services from another agency or to provide the materials, supplies, equipment, or
1contractual services to itself.
The board of regents of the University of Wisconsin
2System and the University of Wisconsin-Madison may make purchases of materials,
3supplies, equipment, and contractual services relating to information technology or
4telecommunications from the department.
AB21,356
5Section
356. 16.838 (1) (b) of the statutes is amended to read:
AB21,151,76
16.838
(1) (b) "Authority" means a body created under subch. II of ch. 114 or
7ch.
36, 231, 232, 233,
234, or 237.
AB21,357
8Section
357. 16.84 (10) of the statutes is amended to read:
AB21,151,179
16.84
(10) Approve the design, structure, composition, location and
10arrangements made for the care and maintenance of all public monuments,
11memorials, or works of art which shall be constructed by or become the property of
12the state by purchase wholly or in part from state funds, or by gift or otherwise. "Work
13of art" means any painting, portrait, mural decoration, stained glass, statue,
14bas-relief, ornament, tablets, fountain or any other article or structure of a
15permanent character intended for decoration or commemoration. This subsection
16does not apply to public monuments, memorials or works of art which are or will
17become property of the
University of Wisconsin System or the historical society.
AB21,358
18Section
358. 16.845 (1) of the statutes is amended to read:
AB21,152,1219
16.845
(1) Rule; penalty. Except as elsewhere expressly prohibited, the
20managing authority of any facility owned by the state or by the University of
21Wisconsin Hospitals and Clinics Authority
or the University of Wisconsin System
22Authority or leased from the state by the Fox River Navigational System Authority
23may permit its use for free discussion of public questions, or for civic, social,
24recreational or athletic activities. No such use shall be permitted if it would unduly
25burden the managing authority or interfere with the prime use of such facility. The
1applicant for use shall be liable to the state, to the Fox River Navigational System
2Authority,
to the University of Wisconsin System Authority, or to the University of
3Wisconsin Hospitals and Clinics Authority for any injury done to its property, for any
4expense arising out of any such use and for such sum as the managing authority may
5charge for such use. All such sums payable to the state shall be paid into the general
6fund and credited to the appropriation account for the operation of the facility used.
7The managing authority may permit such use notwithstanding the fact that a
8reasonable admission fee may be charged to the public. Whoever does or attempts
9to do an act for which a permit is required under this section without first obtaining
10the permit may be fined not more than $100 or imprisoned not more than 30 days
11or both. This subsection applies only to those facilities for which a procedure for
12obtaining a permit has been established by the managing authority.
AB21,359
13Section
359. 16.847 (1) (b) of the statutes is amended to read: