16.61(7)(b)
(b) The statement of intent and purpose executed under
par. (a) 5. is presumptive evidence of compliance with all conditions and standards prescribed by this subsection.
16.61(7)(c)
(c) Any microfilm reproduction of an original record which was made prior to April 18, 1986, in accordance with the standards in effect under the applicable laws and rules for authenticating the record at the time the reproduction was made is deemed an original record.
16.61(8)(a)(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.
16.61(8)(b)
(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.
16.61(9)
(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.
16.61(10)
(10) Contracts for copying. Contracts for microfilm reproduction, 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.
16.61(11)
(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, optical imaging or electronic storage without the approval of the board unless authorized under
sub. (4) or
(5).
16.61(12)
(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.
16.61(13)
(13) Historical society and university archives as depositories. 16.61(13)(a)(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 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.
16.61(13)(b)
(b) The board may designate an archival depository at each university as defined in
s. 36.05 (13) which shall meet standards for university archival depositories established by the board with the advice of the board of regents and the historical society or their respective designated representatives. The board may transfer to the appropriate university archival depository all original records and reproductions the board deems worthy of permanent preservation.
16.61(13)(c)
(c) The historical society shall, in cooperation with the staff of the board, as soon as practicable, adequately and conveniently classify and arrange the state records or other official materials transferred to its care, for permanent preservation under this section and keep the records and other official materials accessible to all persons interested, under proper and reasonable rules promulgated by the historical society, consistent with
s. 19.35. Copies of the records and other official materials shall, on application of any citizen of this state interested therein, be made and certified by the director of the historical society, or an authorized representative in charge, which certificate shall have the same force as if made by the official originally in charge of them.
16.61(13)(d)1.1. 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 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.
16.61(13)(d)2.
2. Notwithstanding
subd. 1., a record which is transferred to an archival depository under this subsection and which has a confidential character shall be open to inspection and available for copying 75 years after creation of the record unless the custodian, pursuant to
ss. 19.34 and
19.35, determines that the record shall be kept confidential.
16.61(13)(e)
(e) This subsection does not apply to patient health care records, as defined in
s. 146.81 (4), that are in the custody or control of the department of health and family services.
16.61 History
History: 1975 c. 41 ss.
15,
52;
1975 c. 198 s.
65;
1975 c. 199; Stats. 1975 s. 16.61;
1977 c. 418;
1979 c. 32,
79,
93;
1979 c. 361 s.
113;
1981 c. 335;
1981 c. 350 ss.
9 to
12,
13;
1981 c. 391;
1983 a. 27,
524;
1985 a. 180 ss.
5 to
17,
30m;
1985 a. 332 s.
251 (1);
1987 a. 147 ss.
1 to
16,
25;
1987 a. 186;
1989 a. 31,
107,
248,
359;
1991 a. 39,
185,
269,
285,
315;
1993 a. 172,
213;
1995 a. 27 ss.
309 to
347,
9126 (19);
1995 a. 216,
225.
16.61 Annotation
See note to 19.21, citing 63 Atty. Gen. 400, concerning governor's records.
16.61 Annotation
See note to 19.21, citing 67 Atty. Gen. 214.
16.611
16.611
State public records; optical disk and electronic storage. 16.611(2)(a)(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 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 so transferred and procedures to ensure that such records are protected from unauthorized destruction.
16.611(2)(b)
(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).
16.611(2)(c)
(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.
16.611(2)(d)
(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.
16.611(3)
(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 board for its recommendations.
16.611 History
History: 1991 a. 39;
1995 a. 27,
216.
16.612
16.612
Local government records; optical disk and electronic storage standards. 16.612(1)
(1) In this section, "local governmental unit" has the meaning given under
s. 19.42 (7u).
16.612(2)(a)(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 board for its recommendations.
16.612(2)(b)
(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.
16.62
16.62
Records management service. 16.62(1)
(1) The department shall establish and maintain a records management service:
16.62(1)(a)
(a) To advise and assist state agencies 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.
16.62(1)(b)
(b) To operate a state records center and a central microfilm facility for state agencies and the University of Wisconsin Hospitals and Clinics Authority and to promulgate rules necessary for efficient operation of the facilities.
16.62(1)(bm)
(bm) To operate a storage facility for storage of public records and records of 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.
16.62(1)(c)
(c) To periodically audit the records management programs of state agencies and the University of Wisconsin Hospitals and Clinics Authority and recommend improvements in records management practices.
16.62(2)
(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
(kd). Such charges shall be structured to encourage efficient utilization of the services.
16.62(3)
(3) The department may establish user fees for the services of the public records board. Any moneys collected shall be credited to the appropriation account under
s. 20.505 (1) (kd).
PURCHASING
16.70(1)
(1) "Agency" means an office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law, which is entitled to expend moneys appropriated by law, including the legislature and the courts, but not including an authority.
16.70(2m)
(2m) "Computer services" means any services in which a computer is utilized other than for personal computing purposes.
16.70(3)
(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 $20,000 to be done for or furnished to the state or any agency.
16.70(4)
(4) "Executive branch agency" means an agency in the executive branch but does not include the building commission.
16.70(5)
(5) "Judicial branch agency" means an agency created under
ch. 757 or
758 or an agency created by order of the supreme court.
16.70(6)
(6) "Legislative service agency" means an agency created under
ch. 13 which is authorized, or the head of which is authorized, to appoint subordinate staff, except the building commission.
16.70(7)
(7) "Limited trades work" means the repair or replacement of existing equipment or building components with equipment or components of the same kind, if the work is not dependent upon the design services of an architect or engineer, and does not alter or affect the performance of any building system, structure, exterior walls, roof or exits, or the fire protection or sanitation of the building. "Limited trades work" includes decorative and surface material changes within a building and minor preventive maintenance to ancillary facilities such as drives, sidewalks and fences.
16.70(8)
(8) "Municipality" means a county, city, village, town, school district, board of school directors, sewer district, drainage district, technical college district or any other public or quasi-public corporation, officer, board or other body having the authority to award public contracts.
16.70(9)
(9) "Officer" includes the person or persons at the head of each agency, by whatever title the person or persons may be elsewhere designated.
16.70(10)
(10) "Permanent personal property" means any and all property which in the opinion of the secretary will have a life of more than 2 years.
16.70(10m)
(10m) "Personal computing" means utilizing a computer that is located at the work station where the input or output of data is conducted.
16.70(11)
(11) "Recovered material" means a product which is recovered from solid waste in a form identical to the original form for a use that is the same as or similar to the original use.
16.70(11m)
(11m) "Recyclable material" means material in waste for which there exists a commercially demonstrated processing or manufacturing technology which uses the material as a raw material.
16.70(12)
(12) "Recycled material" means a product which is manufactured from solid waste or paper mill sludge.
16.70(13)
(13) "Recycled or recovered content" means the proportion of an item, by weight or other measure, which is recycled material or recovered material.
16.70 Annotation
"Contractual services" include technical and professional services. 65 Atty. Gen. 251.
16.701
16.701
Subscription service. The department may provide a subscription service containing current information of interest to prospective vendors concerning state procurement opportunities. If the department provides the service, the department shall assist small businesses, as defined in
s. 16.75 (4) (c), who are prospective vendors in accessing and using the service by providing facilities or services to the businesses. The department may charge a fee for any such service. The department shall prescribe the amount of any fee by rule.
16.701 History
History: 1995 a. 27,
351.
16.7015
16.7015
Bidders list. The department or any agency to which the department delegates purchasing authority under
s. 16.71 (1) may maintain a bidders list which shall include the names and addresses of all persons who request to be notified of bids or competitive sealed proposals, excluding those to be awarded under
s. 16.75 (1) (c) or
(2m) (c), that are solicited by the department or other agency for the procurement of materials, supplies, equipment or contractual services under this subchapter. Any list maintained by the department may include the names and addresses of any person who requests to be notified of bids or competitive sealed proposals to be solicited by any agency. The department or other agency shall notify each person on its list of all requests for bids or competitive sealed proposals by the department or other agency. The department or other agency may remove any person from its list for cause.
16.7015 History
History: 1995 a. 351.
16.702
16.702
Bidders list registration fee. 16.702(1)
(1) The department shall by rule prescribe a bidders list registration fee to be paid for each state fiscal year by any person who requests to be placed on a list maintained under
s. 16.7015 and who is placed on such a list for any portion of that fiscal year. Payment of the fee to the department entitles the payer, upon the payer's request, to be placed on each list maintained under
s. 16.7015 that is specified by the payer during the fiscal year for which the fee is paid, except as provided in
s. 16.7015.
16.702(3)
(3) The department shall promulgate rules providing for:
16.702(3)(a)
(a) Administration and collection of the fee prescribed under
sub. (1).
16.702(3)(b)
(b) Exemption of any class of persons from payment of part or all of the fee prescribed under
sub. (1) if exemption of that class of persons is in the best interest of the state.
16.702(4)
(4) The department shall deposit all revenues received from fees assessed under this section in the information technology investment fund.
16.702 History
History: 1995 a. 27,
351.
16.705
16.705
Contractual services. 16.705(1)
(1) The department or its agents may contract for services which can be performed more economically or efficiently by such contract.
16.705(2)
(2) The department shall promulgate rules for the procurement of contractual services, including but not limited to the approval and monitoring processes for contractual service contracts. Each officer requesting approval to engage any person to perform contractual services shall submit to the department written justification for such contracting which shall include a description of the contractual services to be procured, justification of need, justification for not contracting with other agencies, a specific description of the scope of contractual services to be performed, and justification for the procurement process if a process other than competitive bidding is to be used. The department may not approve any contract for contractual services unless it is satisfied that the justification for contracting conforms to the requirements of this section and
ss. 16.71 to
16.77.
16.705(3)
(3) Contracts for contractual services shall be submitted by the department for the review and approval of the secretary of employment relations prior to award, under conditions established by rule of the department. The secretary of employment relations shall review such contracts in order to ensure that agencies:
16.705(3)(a)
(a) Properly utilize the services of state employes;
16.705(3)(b)
(b) Evaluate the feasibility of using limited term appointments prior to entering into a contract for contractual services; and
16.705(3)(c)
(c) Do not enter into any contract for contractual services in conflict with any collective bargaining agreement under
subch. V of ch. 111.
16.705(5)
(5) The department shall promulgate rules to assure that the process used for selection of persons to perform contractual services includes a review of the independence and relationship, if any, of the contractor to employes of the agency, disclosure of any former employment of the contractor or employes of the contractor with the agency and a procedure to minimize the likelihood of selection of a contractor who provides or is likely to provide services to industries, client groups or individuals who are the object of state regulation or the recipients of state funding to a degree that the contractor's independence would be compromised.
16.705(6)
(6) If the agency for which contractual services are performed under a contractual services agreement concludes that the performance was unsatisfactory, the agency shall file with the department an evaluation of the contractor's performance within 60 days after the fulfillment of the agreement. The evaluation shall be in such form as the secretary may require.
16.705(7)
(7) The department shall review evaluations submitted under
sub. (6) and promulgate rules prescribing procedures to assure that future contracts for contractual services are not awarded to contractors whose past performance is found to be unsatisfactory, to the extent feasible.
16.705(8)
(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.
