AB150: Bill Text

AB150,204,4 16.61 (5) (b) Subject to rules promulgated by the department under s. 16.611, state agencies shall maintain procedures to ensure the authenticity, accuracy, reliability and accessibility of public records transferred to or maintained in optical disk or electronic format under par. (a).

AB150, s. 336 Section 336. 16.61 (5) (c) of the statutes is amended to read:

AB150,204,9 16.61 (5) (c) Subject to rules promulgated by the department under s. 16.611, state agencies that transfer public records in their custody to or maintain in optical disk or electronic format public records in their custody shall ensure that the public records stored in that format are protected from unauthorized destruction.

AB150, s. 337 Section 337. 16.61 (7) (a) (intro.) of the statutes is amended to read:

AB150,204,13 16.61 (7) (a) (intro.) Any microfilm reproduction of an original record, or a copy generated from an original record stored in optical disk or electronic format, is deemed an original public record if all of the following conditions are met:

AB150, s. 338 Section 338. 16.61 (7) (a) 1. of the statutes is amended to read:

AB150,204,17 16.61 (7) (a) 1. Any device used to reproduce the record on film or to transfer the record to optical disk or electronic format and generate a copy of the record from optical disk or electronic format accurately reproduces the content of the original.

AB150, s. 339 Section 339. 16.61 (7) (a) 2. of the statutes is amended to read:

AB150,204,23 16.61 (7) (a) 2. The reproduction is on film which complies with the minimum standards of quality for microfilm reproductions, as established by rule of the board, or the optical disk or electronic copy and the copy generated from optical disk or electronic format comply with the minimum standards of quality for such copies, as established by rule of the department under s. 16.611.

AB150, s. 340 Section 340. 16.61 (7) (a) 5. of the statutes is amended to read:

AB150,205,12 16.61 (7) (a) 5. The state agency records and forms officer or other person designated by the head of the state agency or the custodian of any other record executes a statement of intent and purpose describing the record to be reproduced or transferred to optical disk or electronic format, the disposition of the original record, the disposal authorization number assigned by the board for public records of state agencies, the enabling ordinance or resolution for cities, towns, villages or school districts, or the resolution which authorizes the reproduction , or optical imaging or electronic formatting for counties when required, and executes a certificate verifying that the record was received or created and microfilmed or transferred to optical disk or electronic format in the normal course of business and that the statement of intent and purpose is properly recorded as directed by the board.

AB150, s. 341 Section 341. 16.61 (8) (a) of the statutes is amended to read:

AB150,205,19 16.61 (8) (a) Any microfilm reproduction of a public record meeting the requirements of sub. (7) or copy of a public record generated from an original record stored in optical disk or electronic format in compliance with this section shall be taken as, stand in lieu of and have all the effect of the original document and shall be admissible in evidence in all courts and all other tribunals or agencies, administrative or otherwise, in all cases where the original document is admissible.

AB150, s. 342 Section 342. 16.61 (8) (b) of the statutes is amended to read:

AB150,205,25 16.61 (8) (b) Any enlarged copy of a microfilm reproduction of a public record made as provided by this section or any enlarged copy of a public record generated from an original record stored in optical disk or electronic format in compliance with this section that is certified by the custodian as provided in s. 889.08 shall have the same force as an actual-size copy.

AB150, s. 343 Section 343. 16.61 (9) of the statutes is amended to read:

AB150,206,5 16.61 (9) Preservation of reproductions. Provision shall be made for the preservation of any microfilm reproductions of public records and of any public records stored in optical disk or electronic format in conveniently accessible files in the agency of origin or its successor or in the state archives.

AB150, s. 344 Section 344. 16.61 (10) of the statutes is amended to read:

AB150,206,12 16.61 (10) Contracts for copying. Contracts for microfilm reproduction or, optical imaging or electronic storage of public records to be performed as provided in this section shall be made by the secretary as provided in ss. 16.70 to 16.77 and the cost of making such reproductions or optical disks or of electronic storage shall be paid out of the appropriation of the state agency having the reproduction made or the storage performed.

AB150, s. 345 Section 345. 16.61 (11) of the statutes is amended to read:

AB150,206,20 16.61 (11) Authority to reproduce records. Nothing in this section shall be construed to prohibit the responsible officer of any state agency from reproducing any document by any method when it is necessary to do so in the course of carrying out duties or functions in any case other than where the original document is to be destroyed; but no original public record may be destroyed after microfilming or, optical imaging or electronic storage without the approval of the board unless authorized under sub. (4) or (5).

AB150, s. 346 Section 346. 16.61 (12) of the statutes is amended to read:

AB150,207,2 16.61 (12) Access to reproductions and copies. All persons may examine and use the microfilm reproductions of public records and copies of public records generated from optical disk or electronic storage subject to such reasonable rules as may be made by the responsible officer of the state agency having custody of the same.

AB150, s. 347 Section 347. 16.61 (13) (d) 1. of the statutes is amended to read:

AB150,207,16 16.61 (13) (d) 1. Except as provided in subd. 2., records which have a confidential character while in the possession of the original custodian shall retain their confidential character after transfer to the historical society unless the board of curators of the historical society, with the concurrence of the original custodian or the custodian's legal successor, determines that the records shall be made accessible to the public under such proper and reasonable rules as the historical society promulgates. If the original custodian or the custodian's legal successor is no longer in existence, confidential records formerly in that person's possession may not be released by the board of curators unless the release is first approved by the public records and forms board. For public records and other official materials transferred to the care of the university archival depository under par. (b), the chancellor of the university preserving the records shall have the power and duties assigned to the historical society under this section.

AB150, s. 348 Section 348. 16.611 (title) of the statutes is amended to read:

AB150,207,18 16.611 (title) State public records; optical disk and electronic storage.

AB150, s. 349 Section 349. 16.611 (2) (a) of the statutes is amended to read:

AB150,207,25 16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records to optical disk or electronic format and for the maintenance of public records stored in optical disk or electronic format, including procedures to ensure the authenticity, accuracy, reliability and accessibility of public records so transferred and procedures to ensure that such public records are protected from unauthorized destruction.

AB150, s. 350 Section 350. 16.611 (2) (b) of the statutes is amended to read:

AB150,208,3 16.611 (2) (b) The department shall prescribe, by rule, procedures governing the operation of its optical disk and electronic storage facility under s. 16.62 (1) (bm).

AB150, s. 351 Section 351. 16.611 (2) (d) of the statutes is created to read:

AB150,208,7 16.611 (2) (d) The department shall prescribe, by rule, qualitative standards for the storage of public records in electronic format and for copies of public records stored in electronic format.

AB150, s. 352 Section 352. 16.611 (3) of the statutes is amended to read:

AB150,208,11 16.611 (3) Prior to submitting any proposed rule prescribed under sub. (2) to the legislative council staff under s. 227.15 (1), the department shall refer the proposed rule to the public records and forms board for its recommendations.

AB150, s. 353 Section 353. 16.612 (title) of the statutes is amended to read:

AB150,208,14 16.612 (title) Local government records; optical disk and electronic storage standards.

AB150, s. 354 Section 354. 16.612 (2) of the statutes is renumbered 16.612 (2) (a) and amended to read:

AB150,208,21 16.612 (2) (a) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store materials filed with local governmental units. Prior to submitting any such rule to the legislative council staff under s. 227.15 (1), the department shall refer the rule to the public records and forms board for its recommendations.

AB150, s. 355 Section 355. 16.612 (2) (b) of the statutes is created to read:

AB150,209,3 16.612 (2) (b) The department shall prescribe, by rule, qualitative standards for the storage of public records in electronic format and for copies of documents generated from electronically stored materials filed with local governmental units. Prior to submitting any such rule to the legislative council staff under s. 227.15 (1), the department shall refer the rule to the public records board for its recommendations.

AB150, s. 356 Section 356. 16.62 (1) (bm) of the statutes is amended to read:

AB150,209,7 16.62 (1) (bm) To operate an optical disk a storage facility for state agencies storage of public records in optical disk or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.

AB150, s. 357 Section 357. 16.62 (2) of the statutes is amended to read:

AB150,209,12 16.62 (2) The department may establish user charges for records storage and retrieval services, with any moneys collected to be credited to the appropriation account under s. 20.505 (1) (im) or (kg) (kd). Such charges shall be structured to encourage efficient utilization of the services.

AB150, s. 358 Section 358. 16.62 (3) of the statutes is amended to read:

AB150,209,16 16.62 (3) The department may establish user fees for the services of the public records and forms board. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kg) (kd).

****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 Section 359. 16.70 (2) of the statutes is amended to read:

AB150,209,18 16.70 (2) "Authority" means a body created under ch. 231, 232, 233 or 234.

AB150, s. 360 Section 360. 16.701 of the statutes is created to read:

AB150,209,23 16.701 Subscription service. The department may provide a subscription service containing current information of interest to prospective vendors concerning state procurement opportunities. The department shall charge a fee for any such service. The department shall prescribe the amount of the fee by rule.

AB150, s. 361 Section 361. 16.702 of the statutes is created to read:

AB150,210,7 16.702 Contract administration fees. (1) The department shall by rule prescribe a contract administration fee to be paid for each state fiscal year by providers of materials, supplies, equipment or contractual services to agencies. Different contract administration fees may be assessed on the basis of different total dollar volumes of sales by providers to agencies within the fiscal year in which the fee is assessed or the preceding fiscal year.

AB150,210,17 (2) Except as authorized in sub. (3), no person may provide any materials, supplies, equipment or contractual services to any agency or agencies having an aggregate cost to the state exceeding $500 within any fiscal year unless that person has paid to the department the fee prescribed under sub. (1) for the fiscal year in which the materials, supplies, equipment or services are provided. If different fees are assessed under sub. (1) for different total dollar volumes of sales, no person may provide any materials, supplies, equipment or contractual services to any agency or agencies exceeding the dollar volume applicable to the fee which the person has paid under sub. (1) for the fiscal year in which the materials, supplies, equipment or services are provided.

AB150,210,21 (3) The secretary may waive payment of the fee prescribed under this section if the secretary determines that a waiver will enhance competition between prospective vendors or if the secretary otherwise determines that a waiver of the fee for any vendor or class of vendors is in the best interest of the state.

AB150,210,23 (4) The department shall deposit all revenues received from fees assessed under this section in the information technology investment fund.

AB150, s. 362 Section 362. 16.72 (2) (e) (intro.) of the statutes is amended to read:

AB150,211,9 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, 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:

AB150, s. 363 Section 363. 16.72 (2) (f) of the statutes is amended to read:

AB150,211,19 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 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. 159.05 (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.

AB150, s. 364 Section 364. 16.72 (7) (intro.) of the statutes is amended to read:

AB150,212,2 16.72 (7) (intro.)  Annually, by March 1, the department shall submit to the council on recycling market development board a report regarding the department's resource recovery and recycling activities of the preceding year. The report shall include information concerning the level of compliance by the department and other agencies and authorities other than the University of Wisconsin Hospitals and Clinics Authority with all of the following and reasons for any failure to fully comply with 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 Section 365. 16.72 (7) (a) of the statutes is amended to read:

AB150,212,8 16.72 (7) (a) The requirements under s. 16.75 (8) (a) and (9) that the department and other purchasing agents and authorities specified in sub. (2) (e) and (f) make purchasing selections using specifications prescribed under sub. (2) (e) and (f) and specifically that each such agency and authority ensure that a minimum proportion of its aggregate paper purchases be recycled fiber.

AB150, s. 366 Section 366. 16.72 (7) (c) of the statutes is amended to read:

AB150,212,12 16.72 (7) (c) The requirement of s. 16.15 (3) that agencies and authorities to which s. 16.15 (3) applies separate for recycling the materials specified in that subsection.

AB150, s. 367 Section 367. 16.73 (5) of the statutes is created to read:

AB150,212,21 16.73 (5) If the department designates the board of regents of the University of Wisconsin System as its purchasing agent for any purpose under s. 16.71 (1), the board may enter into a contract to sell any materials, supplies, equipment or contractual services purchased by the board to the University of Wisconsin Hospitals and Clinics Authority, and may contract with the University of Wisconsin Hospitals and Clinics Authority for the joint purchase of any materials, supplies, equipment or contractual services if the sale or purchase is made consistently with that delegation and with this subchapter.

AB150, s. 368 Section 368. 16.75 (1) (a) 1. of the statutes is amended to read:

AB150,213,8 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) and (9) and ss. 16.73 (4) (a), 16.754, 46.265, 50.05 (7) (f) and 159.15 (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.

AB150, s. 369 Section 369. 16.75 (1) (b) of the statutes is amended to read:

AB150,213,15 16.75 (1) (b) When the estimated cost exceeds $10,000 $25,000, due notice inviting bids shall be published as a class 2 notice, under ch. 985, and the bids shall not be opened until at least 7 days from the last day of publication. The official advertisement shall give a clear description of the materials, supplies, equipment or service to be purchased, the amount of the bond, share draft, check or other draft to be submitted as surety with the bid and the date of public opening.

AB150, s. 370 Section 370. 16.75 (1) (c) of the statutes is amended to read:

AB150,213,19 16.75 (1) (c) Except as provided in sub. (7), when the estimated cost is $10,000 $25,000 or less, the award may be made in accordance with simplified procedures established by the department for such transactions.

AB150, s. 371 Section 371. 16.75 (1m) of the statutes is amended to read:

AB150,214,7 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 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.

AB150, s. 372 Section 372. 16.75 (2m) (b) of the statutes is amended to read:

AB150,214,14 16.75 (2m) (b) When the estimated cost exceeds $10,000 $25,000, the department shall publish a class 2 notice under ch. 985 inviting competitive sealed proposals. The advertisement shall describe the materials, supplies, equipment or service to be purchased, the intent to solicit proposals rather than bids, any requirement for surety and the date the proposals will be opened, which shall be at least 7 days after the date of the last insertion of the notice.

AB150, s. 373 Section 373. 16.75 (2m) (c) of the statutes is amended to read:

AB150,214,18 16.75 (2m) (c) When the estimated cost is $10,000 $25,000 or less, the department may award the order or contract in accordance with simplified procedures established by the department for such transactions.

AB150, s. 374 Section 374. 16.75 (3t) (a) of the statutes is amended to read:

AB150,214,21 16.75 (3t) (a) In this subsection, "form" has the meaning given under s. 16.61 (2) (ad) 16.97 (5m).

AB150, s. 375 Section 375. 16.75 (4) (a) (intro.) of the statutes is amended to read:

AB150,215,3 16.75 (4) (a) (intro.) The department shall encourage the participation of small businesses and veteran-owned businesses in the statewide purchasing program by ensuring that there are no undue impediments to such participation and by actively encouraging small businesses and veteran-owned businesses to play an active role in the solicitation of public purchasing business by agencies. To that end the department shall:

AB150, s. 376 Section 376. 16.75 (6) (am) 1. of the statutes is repealed.

AB150, s. 377 Section 377. 16.75 (6) (am) 2. of the statutes is renumbered 16.75 (6) (am) and amended to read:

AB150,215,9 16.75 (6) (am) Subsections (1) and (3t) do not apply to major procurements by the division of information technology services or by the division of technology management of the department.