AB150-ASA,113,1513
16.611
(3) Prior to submitting any proposed rule prescribed under sub. (2) to
14the legislative council staff under s. 227.15 (1), the department shall refer the
15proposed rule to the public records
and forms board for its recommendations.
AB150-ASA,113,18
1716.612 (title)
Local government records; optical disk and electronic
18storage standards.
AB150-ASA, s. 354
19Section
354. 16.612 (2) of the statutes is renumbered 16.612 (2) (a) and
20amended to read:
AB150-ASA,113,2521
16.612
(2) (a) The department shall prescribe, by rule, qualitative standards
22for optical disks and for copies of documents generated from optical disks used to
23store materials filed with local governmental units. Prior to submitting any such
24rule to the legislative council staff under s. 227.15 (1), the department shall refer the
25rule to the public records
and forms board for its recommendations.
AB150-ASA,114,72
16.612
(2) (b) The department shall prescribe, by rule, qualitative standards
3for the storage of public records in electronic format and for copies of documents
4generated from electronically stored materials filed with local governmental units.
5Prior to submitting any such rule to the legislative council staff under s. 227.15 (1),
6the department shall refer the rule to the public records board for its
7recommendations.
AB150-ASA,114,119
16.62
(1) (bm) To operate
an optical disk a storage facility for
state agencies 10storage of public records in optical disk or electronic format in accordance with rules,
11promulgated by the department under s. 16.611, governing operation of the facility.
AB150-ASA,114,1613
16.62
(2) The department may establish user charges for records storage and
14retrieval services, with any moneys collected to be credited to the appropriation
15account under s. 20.505 (1) (im) or
(kg) (kd). Such charges shall be structured to
16encourage efficient utilization of the services.
AB150-ASA,114,2018
16.62
(3) The department may establish user fees for the services of the public
19records
and forms board. Any moneys collected shall be credited to the appropriation
20account under s. 20.505 (1)
(kg)
(kd).
AB150-ASA,114,2222
16.70
(2) "Authority" means a body created under ch. 231, 232
, 233 or 234.
AB150-ASA,115,3
116.70
(7m) "Mainframe computer" means a large scale, central computer
2maintained by the division of information technology services for multipurpose
3functions.
AB150-ASA,115,8
516.701 Subscription service. The department may provide a subscription
6service containing current information of interest to prospective vendors concerning
7state procurement opportunities. The department shall charge a fee for any such
8service. The department shall prescribe the amount of the fee by rule.
AB150-ASA,115,15
1016.702 Contract administration fees.
(1) The department shall by rule
11prescribe a contract administration fee to be paid for each state fiscal year by
12providers of materials, supplies, equipment or contractual services to agencies.
13Different contract administration fees may be assessed on the basis of different total
14dollar volumes of sales by providers to agencies within the fiscal year in which the
15fee is assessed or the preceding fiscal year.
AB150-ASA,115,25
16(2) Except as authorized in sub. (3), no person may provide any materials,
17supplies, equipment or contractual services to any agency or agencies having an
18aggregate cost to the state exceeding $500 within any fiscal year unless that person
19has paid to the department the fee prescribed under sub. (1) for the fiscal year in
20which the materials, supplies, equipment or services are provided. If different fees
21are assessed under sub. (1) for different total dollar volumes of sales, no person may
22provide any materials, supplies, equipment or contractual services to any agency or
23agencies exceeding the dollar volume applicable to the fee which the person has paid
24under sub. (1) for the fiscal year in which the materials, supplies, equipment or
25services are provided.
AB150-ASA,116,1
1(3) The department shall promulgate rules providing for:
AB150-ASA,116,22
(a) Administration and collection of the fee prescribed under sub. (1).
AB150-ASA,116,43
(b) Exemption of any class of providers from payment of the fee prescribed
4under sub. (1) if exemption of that class of providers is in the best interest of the state.
AB150-ASA,116,6
5(4) The department shall deposit all revenues received from fees assessed
6under this section in the information technology investment fund.
AB150-ASA,116,138
16.71
(3) If the department makes or delegates to the
gaming commission 9department of revenue or to any other designated purchasing agent under sub. (1)
10the authority to make a major procurement, as defined in s. 565.01 (4), for the
gaming
11commission department of revenue, the department,
gaming commission 12department of revenue or designated purchasing agent shall comply with the
13requirements under s. 565.25.
AB150-ASA, s. 362
14Section
362. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB150-ASA,116,2315
16.72
(2) (e) (intro.) In writing the specifications under this subsection, the
16department and any other designated purchasing agent under s. 16.71 (1) shall
17incorporate requirements for the purchase of products made from recycled materials
18and recovered materials if their use is technically and economically feasible. Each
19authority
other than the University of Wisconsin Hospitals and Clinics Authority, in
20writing specifications for purchasing by the authority, shall incorporate
21requirements for the purchase of products made from recycled materials and
22recovered materials if their use is technically and economically feasible. The
23specifications shall include requirements for the purchase of the following materials:
AB150-ASA,117,9
116.72
(2) (f) In writing specifications under this subsection, the department,
2any other designated purchasing agent under s. 16.71 (1) and each authority
other
3than the University of Wisconsin Hospitals and Clinics Authority shall incorporate
4requirements relating to the recyclability and ultimate disposition of products and,
5wherever possible, shall write the specifications so as to minimize the amount of solid
6waste generated by the state, consistent with the priorities established under s.
7159.05 (12). All specifications under this subsection shall discourage the purchase
8of single-use, disposable products and require, whenever practical, the purchase of
9multiple-use, durable products.
AB150-ASA,117,1311
16.72
(4m) The department shall provide the
gaming commission department
12of revenue with a copy of each contract for a major procurement, as defined in s.
13565.01 (4), for the
gaming commission department of revenue.
AB150-ASA, s. 364
14Section
364. 16.72 (7) (intro.) of the statutes is amended to read:
AB150-ASA,117,2115
16.72
(7) (intro.) Annually, by March 1, the department shall submit to the
16council on recycling
market development board a report regarding the department's
17resource recovery and recycling activities of the preceding year. The report shall
18include information concerning the level of compliance by the department and other
19agencies and authorities
, excluding the University of Wisconsin Hospitals and
20Clinics Authority, with all of the following and reasons for any failure to fully comply
21with all of the following:
AB150-ASA,118,223
16.72
(7) (a) The requirements under s. 16.75 (8) (a) and (9) that the
24department and other purchasing agents and authorities
specified in sub. (2) (e) and
25(f) make purchasing selections using specifications prescribed under sub. (2) (e) and
1(f) and specifically that each
such agency and authority ensure that a minimum
2proportion of its aggregate paper purchases be recycled fiber.
AB150-ASA,118,64
16.72
(7) (c) The requirement of s. 16.15 (3) that agencies and authorities
to
5which s. 16.15 (3) applies separate for recycling the materials specified in that
6subsection.
AB150-ASA,118,158
16.73
(5) If the department designates the board of regents of the University
9of Wisconsin System as its purchasing agent for any purpose under s. 16.71 (1), the
10board may enter into a contract to sell any materials, supplies, equipment or
11contractual services purchased by the board to the University of Wisconsin Hospitals
12and Clinics Authority, and may contract with the University of Wisconsin Hospitals
13and Clinics Authority for the joint purchase of any materials, supplies, equipment
14or contractual services if the sale or purchase is made consistently with that
15delegation and with this subchapter.
AB150-ASA, s. 368
16Section
368. 16.75 (1) (a) 1. of the statutes is amended to read:
AB150-ASA,118,2417
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
18materials, supplies, equipment and contractual services
to be provided to any
19agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
20(6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and 159.15 (7),
21shall be awarded to the lowest responsible bidder, taking into consideration life cycle
22cost estimates under sub. (1m), when appropriate, the location of the agency, the
23quantities of the articles to be supplied, their conformity with the specifications, and
24the purposes for which they are required and the date of delivery.
AB150-ASA, s. 368m
1Section 368m. 16.75 (1) (a) 1. of the statutes, as affected by 1995 Wisconsin
2Act .... (this act), is repealed and recreated to read:
AB150-ASA,119,103
16.75
(1) (a) 1. All orders awarded or contracts made by the department for all
4materials, supplies, equipment and contractual services to be provided to any
5agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t),
6(6), (7), (8) and (9) and ss. 16.73 (4) (a), 16.754, 50.05 (7) (f), 159.15 (7) and 301.265,
7shall be awarded to the lowest responsible bidder, taking into consideration life cycle
8cost estimates under sub. (1m), when appropriate, the location of the agency, the
9quantities of the articles to be supplied, their conformity with the specifications, and
10the purposes for which they are required and the date of delivery.
AB150-ASA,119,2312
16.75
(1m) The department shall award each order or contract for materials,
13supplies or equipment on the basis of life cycle cost estimates, whenever such action
14is appropriate. Each authority
other than the University of Wisconsin Hospitals and
15Clinics Authority shall award each order or contract for materials, supplies or
16equipment on the basis of life cycle cost estimates, whenever such action is
17appropriate. The terms, conditions and evaluation criteria to be applied shall be
18incorporated in the solicitation of bids or proposals. The life cycle cost formula may
19include, but is not limited to, the applicable costs of energy efficiency, acquisition and
20conversion, money, transportation, warehousing and distribution, training,
21operation and maintenance and disposition or resale. The department shall prepare
22documents containing technical guidance for the development and use of life cycle
23cost estimates, and shall make the documents available to local governmental units.
AB150-ASA,120,2
116.75
(3t) (a) In this subsection, "form" has the meaning given under s.
16.61
2(2) (ad) 16.97 (5m).
AB150-ASA, s. 375
3Section
375. 16.75 (4) (a) (intro.) of the statutes is amended to read:
AB150-ASA,120,94
16.75
(4) (a) (intro.) The department shall encourage the participation of small
5businesses and veteran-owned businesses in the statewide purchasing program by
6ensuring that there are no undue impediments to such participation and by actively
7encouraging small businesses and veteran-owned businesses to play an active role
8in the solicitation of
public purchasing business
by agencies. To that end the
9department shall:
AB150-ASA, s. 380
10Section
380. 16.75 (8) (a) 1. of the statutes is amended to read:
AB150-ASA,120,1611
16.75
(8) (a) 1. The department, any other designated purchasing agent under
12s. 16.71 (1), any agency making purchases under s. 16.74 and each authority
other
13than the University of Wisconsin Hospitals and Clinics Authority shall, to the extent
14practicable, make purchasing selections using specifications developed under s.
1516.72 (2) (e) to maximize the purchase of materials utilizing recycled materials and
16recovered materials.
AB150-ASA, s. 381
17Section
381. 16.75 (8) (a) 2. (intro.) of the statutes is amended to read:
AB150-ASA,120,2218
16.75
(8) (a) 2. (intro.) Each agency and authority
other than the University
19of Wisconsin Hospitals and Clinics Authority shall ensure that the average recycled
20or recovered content of all paper purchased by the agency or authority measured as
21a proportion, by weight, of the fiber content of paper products purchased in a
22calendar year, is not less than the following:
AB150-ASA,121,324
16.75
(9) The department, any other designated purchasing agent under s.
2516.71 (1), any agency making purchases under s. 16.74 and any authority
other than
1the University of Wisconsin Hospitals and Clinics Authority shall, to the extent
2practicable, make purchasing selections using specifications prepared under s. 16.72
3(2) (f).
AB150-ASA,121,85
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-ASA,121,1510
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-ASA,121,2417
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-ASA, s. 387
1Section
387. 16.765 (2) (intro.) and (a) of the statutes are consolidated,
2renumbered 16.765 (2) and amended to read:
AB150-ASA,122,173
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-ASA, s. 388
18Section
388. 16.765 (4) to (7) (intro.) of the statutes are amended to read:
AB150-ASA,122,2219
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-ASA,123,8
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-ASA,123,14
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-ASA,123,19
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-ASA,123,2421
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-ASA,124,9
116.78 Purchases from division of information technology services. (1)
2Every agency other than the board of regents of the university of Wisconsin system
3or an agency making purchases under s. 16.74 shall purchase all
mainframe 4computer services from the division of information technology services in the
5department
of administration, unless the division grants written authorization to
6the agency to procure the services under s. 16.75 (1), to purchase the services from
7another agency or to provide the services to itself. The board of regents of the
8university of Wisconsin system may purchase
mainframe computer services from the
9division of information technology services.
AB150-ASA,124,12
10(2) Sections 16.705 to 16.767 and 16.77 (1) do not apply to the purchase of
11mainframe computer services by any agency from the division of information
12technology services.
AB150-ASA,124,20
1416.80 Purchases of computers by teachers. The department shall
15negotiate with private vendors to facilitate the purchase of computers and other
16educational technology, as defined in s. 16.922 (1) (c), by public and private
17elementary and secondary school teachers for their private use. The department
18shall attempt to make available types of computers and other educational technology
19under this section that will encourage and assist teachers in becoming
20knowledgeable about the technology and its uses and potential uses in education.
AB150-ASA,124,2422
16.84
(3) Contract with the gaming commission for the performance of building
23and warehouse protection relating to ch. 565, if so requested by the gaming
24commission.
AB150-ASA, s. 391r
1Section 391r. 16.84 (3) of the statutes, as created by 1995 Wisconsin Act
2....(this act), is amended to read:
AB150-ASA,125,53
16.84
(3) Contract with the
gaming commission department of revenue for the
4performance of building and warehouse protection relating to ch. 565, if so requested
5by the
gaming commission department of revenue.
AB150-ASA,125,167
16.84
(5) Have responsibility, subject to approval of the governor, for all
8functions relating to the leasing, acquisition, allocation and utilization of all real
9property by the state, except where such responsibility is otherwise provided by the
10statutes.
In this connection, the department shall, with the governor's approval,
11require physical consolidation of office space utilized by any executive branch agency
12having fewer than 50 authorized full-time equivalent positions with office space
13utilized by another executive branch agency, whenever feasible. The department
14shall lease or acquire office space for legislative offices or legislative service agencies
15at the direction of the joint committee on legislative organization.
In this subsection,
16"executive branch agency" has the meaning given in s. 16.70 (4).
AB150-ASA,125,2018
16.84
(14) Provide interagency mail delivery service for agencies, as defined
19in s. 16.70 (1). The department may charge agencies for this service. Any moneys
20collected shall be credited to the appropriation account under s. 20.505 (1) (kd).