AB150-engrossed,104,1211
16.61
(3n) Exempt forms. The board may not receive or investigate complaints
12about the forms specified in s. 16.971 (2m).
AB150-engrossed,104,1514
16.61
(5) (title)
Transfer of public records to optical disk or electronic
15format.
AB150-engrossed,104,2017
16.61
(5) (a) Subject to rules promulgated by the department under s. 16.611,
18any state agency may transfer
any public record in its custody to
or maintain in 19optical disk
or electronic format
any public record in its custody and retain the public
20record in that format only.
AB150-engrossed,104,2522
16.61
(5) (b) Subject to rules promulgated by the department under s. 16.611,
23state agencies shall maintain procedures to ensure the authenticity, accuracy,
24reliability and accessibility of public records transferred to
or maintained in optical
25disk
or electronic format under par. (a).
AB150-engrossed,105,52
16.61
(5) (c) Subject to rules promulgated by the department under s. 16.611,
3state agencies that transfer
public records in their custody to
or maintain in optical
4disk
or electronic format
public records in their custody shall ensure that the public
5records stored in that format are protected from unauthorized destruction.
AB150-engrossed,105,97
16.61
(7) (a) (intro.) Any microfilm reproduction of an original record, or a copy
8generated from an original record stored in optical disk
or electronic format, is
9deemed an original public record if all of the following conditions are met:
AB150-engrossed,105,1311
16.61
(7) (a) 1. Any device used to reproduce the record on film or to transfer
12the record to optical disk
or electronic format and generate a copy of the record from
13optical disk
or electronic format accurately reproduces the content of the original.
AB150-engrossed,105,1915
16.61
(7) (a) 2. The reproduction is on film which complies with the minimum
16standards of quality for microfilm reproductions, as established by rule of the board,
17or the optical disk
or electronic copy and the copy generated from optical disk
or
18electronic format comply with the minimum standards of quality for such copies, as
19established by rule of the department under s. 16.611.
AB150-engrossed,106,721
16.61
(7) (a) 5. The state agency records and forms officer or other person
22designated by the head of the state agency or the custodian of any other record
23executes a statement of intent and purpose describing the record to be reproduced
24or transferred to optical disk
or electronic format, the disposition of the original
25record, the disposal authorization number assigned by the board for public records
1of state agencies, the enabling ordinance or resolution for cities, towns, villages or
2school districts, or the resolution which authorizes the reproduction
, or optical
3imaging
or electronic formatting for counties when required, and executes a
4certificate verifying that the record was received or created and microfilmed or
5transferred to optical disk
or electronic format in the normal course of business and
6that the statement of intent and purpose is properly recorded as directed by the
7board.
AB150-engrossed,106,149
16.61
(8) (a) Any microfilm reproduction of a public record meeting the
10requirements of sub. (7) or copy of a public record generated from an original record
11stored in optical disk
or electronic format in compliance with this section shall be
12taken as, stand in lieu of and have all the effect of the original document and shall
13be admissible in evidence in all courts and all other tribunals or agencies,
14administrative or otherwise, in all cases where the original document is admissible.
AB150-engrossed,106,2016
16.61
(8) (b) Any enlarged copy of a microfilm reproduction of a public record
17made as provided by this section or any enlarged copy of a public record generated
18from an original record stored in optical disk
or electronic format in compliance with
19this section that is certified by the custodian as provided in s. 889.08 shall have the
20same force as an actual-size copy.
AB150-engrossed,106,2522
16.61
(9) Preservation of reproductions. Provision shall be made for the
23preservation of any microfilm reproductions of public records and of any public
24records stored in optical disk
or electronic format in conveniently accessible files in
25the agency of origin or its successor or in the state archives.
AB150-engrossed,107,72
16.61
(10) Contracts for copying. Contracts for microfilm reproduction
or, 3optical imaging
or electronic storage of public records to be performed as provided in
4this section shall be made by the secretary as provided in ss. 16.70 to 16.77 and the
5cost of making such reproductions or optical disks
or of electronic storage shall be
6paid out of the appropriation of the state agency having the reproduction made
or the
7storage performed.
AB150-engrossed,107,159
16.61
(11) Authority to reproduce records. Nothing in this section shall be
10construed to prohibit the responsible officer of any state agency from reproducing
11any document by any method when it is necessary to do so in the course of carrying
12out duties or functions in any case other than where the original document is to be
13destroyed; but no original public record may be destroyed after microfilming
or, 14optical imaging
or electronic storage without the approval of the board unless
15authorized under sub. (4) or (5).
AB150-engrossed,107,2117
16.61
(12) Access to reproductions and copies. All persons may examine and
18use the microfilm reproductions of public records and copies of public records
19generated from optical disk
or electronic storage subject to such reasonable rules as
20may be made by the responsible officer of the state agency having custody of the
21same.
AB150-engrossed,108,1023
16.61
(13) (d) 1. Except as provided in subd. 2., records which have a
24confidential character while in the possession of the original custodian shall retain
25their confidential character after transfer to the historical society unless the board
1of curators of the historical society, with the concurrence of the original custodian or
2the custodian's legal successor, determines that the records shall be made accessible
3to the public under such proper and reasonable rules as the historical society
4promulgates. If the original custodian or the custodian's legal successor is no longer
5in existence, confidential records formerly in that person's possession may not be
6released by the board of curators unless the release is first approved by the public
7records
and forms board. For public records and other official materials transferred
8to the care of the university archival depository under par. (b), the chancellor of the
9university preserving the records shall have the power and duties assigned to the
10historical society under this section.
AB150-engrossed,108,12
1216.611 (title)
State public records; optical disk and electronic storage.
AB150-engrossed,108,1914
16.611
(2) (a) The department shall prescribe, by rule, procedures for the
15transfer of public records to optical disk
or electronic format
and for the maintenance
16of public records stored in optical disk or electronic format, including procedures to
17ensure the authenticity, accuracy, reliability and accessibility of public records so
18transferred and procedures to ensure that such public records are protected from
19unauthorized destruction.
AB150-engrossed,108,2221
16.611
(2) (b) The department shall prescribe, by rule, procedures governing
22the operation of its optical disk
and electronic storage facility under s. 16.62 (1) (bm).
AB150-engrossed,109,3
116.611
(2) (d) The department shall prescribe, by rule, qualitative standards
2for the storage of public records in electronic format and for copies of public records
3stored in electronic format.
AB150-engrossed,109,75
16.611
(3) Prior to submitting any proposed rule prescribed under sub. (2) to
6the legislative council staff under s. 227.15 (1), the department shall refer the
7proposed rule to the public records
and forms board for its recommendations.
AB150-engrossed,109,10
916.612 (title)
Local government records; optical disk and electronic
10storage standards.
AB150-engrossed, s. 354
11Section
354. 16.612 (2) of the statutes is renumbered 16.612 (2) (a) and
12amended to read:
AB150-engrossed,109,1713
16.612
(2) (a) The department shall prescribe, by rule, qualitative standards
14for optical disks and for copies of documents generated from optical disks used to
15store materials filed with local governmental units. Prior to submitting any such
16rule to the legislative council staff under s. 227.15 (1), the department shall refer the
17rule to the public records
and forms board for its recommendations.
AB150-engrossed,109,2419
16.612
(2) (b) The department shall prescribe, by rule, qualitative standards
20for the storage of public records in electronic format and for copies of documents
21generated from electronically stored materials filed with local governmental units.
22Prior to submitting any such rule to the legislative council staff under s. 227.15 (1),
23the department shall refer the rule to the public records board for its
24recommendations.
AB150-engrossed,110,3
116.62
(1) (bm) To operate
an optical disk a storage facility for
state agencies 2storage of public records in optical disk or electronic format in accordance with rules,
3promulgated by the department under s. 16.611, governing operation of the facility.
AB150-engrossed,110,85
16.62
(2) The department may establish user charges for records storage and
6retrieval services, with any moneys collected to be credited to the appropriation
7account under s. 20.505 (1) (im) or
(kg) (kd). Such charges shall be structured to
8encourage efficient utilization of the services.
AB150-engrossed,110,1210
16.62
(3) The department may establish user fees for the services of the public
11records
and forms board. Any moneys collected shall be credited to the appropriation
12account under s. 20.505 (1)
(kg)
(kd).
AB150-engrossed,110,1414
16.70
(2) "Authority" means a body created under ch. 231, 232
, 233 or 234.
AB150-engrossed,110,1816
16.70
(7m) "Mainframe computer" means a large scale, central computer
17maintained by the division of information technology services for multipurpose
18functions.
AB150-engrossed,110,23
2016.701 Subscription service. The department may provide a subscription
21service containing current information of interest to prospective vendors concerning
22state procurement opportunities. The department shall charge a fee for any such
23service. The department shall prescribe the amount of the fee by rule.
AB150-engrossed,111,6
116.702 Contract administration fees. (1) The department shall by rule
2prescribe a contract administration fee to be paid for each state fiscal year by
3providers of materials, supplies, equipment or contractual services to agencies.
4Different contract administration fees may be assessed on the basis of different total
5dollar volumes of sales by providers to agencies within the fiscal year in which the
6fee is assessed or the preceding fiscal year.
AB150-engrossed,111,16
7(2) Except as authorized in sub. (3), no person may provide any materials,
8supplies, equipment or contractual services to any agency or agencies having an
9aggregate cost to the state exceeding $500 within any fiscal year unless that person
10has paid to the department the fee prescribed under sub. (1) for the fiscal year in
11which the materials, supplies, equipment or services are provided. If different fees
12are assessed under sub. (1) for different total dollar volumes of sales, no person may
13provide any materials, supplies, equipment or contractual services to any agency or
14agencies exceeding the dollar volume applicable to the fee which the person has paid
15under sub. (1) for the fiscal year in which the materials, supplies, equipment or
16services are provided.
AB150-engrossed,111,17
17(3) The department shall promulgate rules providing for:
AB150-engrossed,111,1818
(a) Administration and collection of the fee prescribed under sub. (1).
AB150-engrossed,111,2019
(b) Exemption of any class of providers from payment of the fee prescribed
20under sub. (1) if exemption of that class of providers is in the best interest of the state.
AB150-engrossed,111,22
21(4) The department shall deposit all revenues received from fees assessed
22under this section in the information technology investment fund.
AB150-engrossed,112,224
16.705
(1) The department or its agents may contract for services which can
25be performed more economically or efficiently by such contract.
The department or
1its agents shall contract for contractual services whenever the competitive
2enterprise review board directs under s. 16.706 (7).
AB150-engrossed,112,204
16.705
(2) The department shall promulgate rules for the procurement of
5contractual services, including but not limited to the approval and monitoring
6processes for contractual service contracts.
Each
Except as otherwise provided in
7this subsection, each officer requesting approval to engage any person to perform
8contractual services shall submit to the department written justification for such
9contracting which shall include a description of the contractual services to be
10procured, justification of need, justification for not contracting with other agencies,
11a specific description of the scope of contractual services to be performed, and
12justification for the procurement process if a process other than competitive bidding
13is to be used.
If the competitive enterprise review board requires the solicitation of
14bids or competitive sealed proposals for contractual services under s. 16.706 (4), the
15responsible officer shall submit to the department the information required under
16this subsection and information concerning alternatives to procurement of
17contractual services, but need not provide justification for such procurement. The
18department may not approve any contract for contractual services unless it is
19satisfied that the justification for contracting conforms to the requirements of this
20section and ss. 16.71 to 16.77.
AB150-engrossed,113,222
16.705
(3) (intro.) Contracts for contractual services
, other than contracts
23awarded under s. 16.706 (7), shall be submitted by the department for the review and
24approval of the secretary of employment relations prior to award, under conditions
1established by rule of the department. The secretary of employment relations shall
2review such contracts in order to ensure that agencies:
AB150-engrossed,113,124
16.705
(5) The department shall promulgate rules to assure that the process
5used for selection of persons to perform contractual services includes a review of the
6independence and relationship, if any, of the contractor to employes of the agency,
7disclosure of any former employment of the contractor or employes of the contractor
8with the agency and a procedure to minimize the likelihood of selection of a
9contractor who provides or is likely to provide services to industries, client groups or
10individuals who are the object of state regulation or the recipients of state funding
11to a degree that the contractor's independence would be compromised.
Such rules
12do not apply to contracts awarded under s. 16.706 (7).
AB150-engrossed,113,15
1416.706 Competitive enterprise review board. (1) In this section "board"
15means the competitive enterprise review board.
AB150-engrossed,114,2
16(2) Any person who believes that the person can provide any materials,
17supplies, equipment or contractual services to an executive branch agency, but more
18economically, efficiently or effectively than the materials, supplies, equipment or
19services are currently provided or more economically, efficiently or effectively than
20the agency provides the materials, supplies, equipment or comparable
21noncontractual services to itself, may file an application with the board proposing to
22provide the materials, supplies, equipment or contractual services to the agency. The
23application shall specify each executive branch agency to which it applies, and shall
24contain a description of the materials, supplies, equipment or contractual services
1to which it applies and a description of the materials, supplies, equipment or
2contractual services that the applicant is capable of providing.
AB150-engrossed,114,4
3(3) The department shall assist the board in the performance of its functions.
4Upon receipt of an application by the board under sub. (2), the department shall:
AB150-engrossed,114,85
(a) Evaluate the proposal contained in the application to determine whether
6the proposal is feasible and whether it would result in delivery of materials, supplies,
7equipment or services to any affected executive branch agency in a more economical,
8efficient or effective manner.
AB150-engrossed,114,99
(b) Submit its evaluation, together with a recommendation, to the board.
AB150-engrossed,114,22
10(4) The board shall review each proposal filed under sub. (2) together with the
11evaluation and recommendation submitted under sub. (3) and shall determine
12whether the proposal is feasible and would, if implemented, result in the delivery of
13materials, supplies, equipment or services by any executive branch agency in a more
14economical, efficient or effective manner. If the board finds that the proposal, if
15implemented, would achieve at least one of these objectives, the board may direct the
16department to solicit bids or competitive sealed proposals to provide the materials,
17supplies, equipment or contractual services specified in the proposal. If the
18department delegates the responsibility to solicit such bids or proposals to an
19affected executive branch agency under s. 16.71 (1), the department shall ensure that
20the agency complies with the directive of the board under this subsection. This
21subsection does not apply to commodities, materials, supplies, equipment or services
22purchased under s. 16.75 (3t), 16.752 (12) (a) or 16.78 (1).
AB150-engrossed,115,2
23(5) Any executive branch agency that is authorized to provide any materials,
24supplies, equipment or contractual services to another executive branch agency
1consistent with its program responsibilities may submit a bid or competitive sealed
2proposal whenever such bids or proposals are solicited under sub. (4).
AB150-engrossed,115,5
3(6) The board shall, by rule, specify time periods for solicitations of bids or
4competitive sealed proposals under sub. (4) and for the submission of bids or
5competitive sealed proposals in response to the solicitations.
AB150-engrossed,115,19
6(7) Whenever the board directs the solicitation of bids or competitive sealed
7proposals under sub. (4), the department shall, before accepting or rejecting any bid
8or proposal, refer the question of acceptance of a bid or proposal to the board for its
9review. The board may thereafter determine that any bid or competitive sealed
10proposal is the best and most reasonable bid or proposal and may direct the
11department to accept that bid or proposal. Except with respect to purchases of
12printing or stationery, the bid or competitive sealed proposal selected by the board
13need not be the lowest cost bid or proposal. Consistently with specifications in the
14solicitation, the board may direct the department to include specified terms and
15conditions in any contract or order resulting from a bid or competitive sealed
16proposal selected by the board. If the department delegates responsibility to solicit
17bids or competitive sealed proposals to an executive branch agency under s. 16.71 (1),
18the department shall ensure that the agency complies with the directives of the board
19under this subsection.
AB150-engrossed,115,20
20(8) The board may, with respect to its responsibilities under this section:
AB150-engrossed,115,2121
(a) Hold public hearings and conduct studies.
AB150-engrossed,115,2222
(b) Consult with private commercial sources.
AB150-engrossed,115,2523
(c) Require any executive branch agency to provide a cost estimate or conduct
24a management study regarding any materials, supplies, equipment or services
25provided by the agency.
AB150-engrossed,116,2
1(d) Prescribe cost accounting standards for executive branch agencies in their
2preparation of cost estimates under par. (c).