The proposed rule increases the maximum limits for destination marketing projects to $10,000 per municipality represented and a total maximum per destination marketing project equal to the lesser of $40,000 or 7% of the fiscal year budget for destination marketing projects. It also makes clear that the 7% limit for all JEM projects is based upon the applicable share of the annual JEM budget. 1999 Wis. Act 9 (the recently adopted biennial budget) directs the Department of Tourism to increase the budget for Joint Effort Marketing to not less than $1,130,000 each year. The Joint Effort Marketing Program budget for the last year of the previous biennium was $700,000. One result of the mandated increase was to increase the maximum funding for all Joint Effort Marketing categories other than Destination Marketing. The rule produces a similar increase for Destination Marketing.
Agency Procedure for Promulgation
A public hearing is required. The public hearing is scheduled for Wednesday, March 15, 2000 at Meeting Room 2B at the Dept. of Tourism, 201 West Washington Ave., Madison, Wisconsin.
Contact Information
Dennis Fay
General Counsel
Telephone (608) 266-6747
Workforce Development
Rule Submittal Date
On February 2, 2000, the Department of Workforce Development submitted a proposed rule to the Legislative Council Rules Clearinghouse.
Analysis
Statutory authority: ss. 66.293 (5) and 103.49 (3g), Stats.
The proposed rule-making order affects s. DWD 290.155, relating to the annual adjustment of thresholds for application of the prevailing wage rates for state or local public works projects.
Agency Procedure for Promulgation
A public hearing is required and will be held on February 28, 2000. The organizational unit responsible for the promulgation of the rule is the DWD Equal Rights Division.
Contact Information
Elaine Pridgen
Telephone: (608) 267-9403
N o t i c e S e c t i o n
Notice of Hearing
Administration
Notice is hereby given that pursuant to ss. 16.004(1) and 227.11(2)(a), Stats., and interpreting ss. 16.61 and 16.612, Stats., the Department of Administration will hold a public hearing to consider the repeal and recreation of Ch. Adm 12, Wis. Adm.Code, relating to Electronic Records Management - Standards and Requirements.
Hearing Information
March 15, 2000 Dept. of Administration
Wednesday State Office Bldg.
9:00 a.m. St. Croix Room (1st Floor)
101 East Wilson Street
Madison, WI 53702
The hearing site is accessible to people with disabilities. Interested persons are invited to present information at the hearing. People appearing may make an oral presentation but are also urged to submit facts, opinions and arguments in writing as well. Written comments from persons unable to attend the public hearing, or who wish to supplement testimony offered at the hearings, should be directed to: Donna Sorenson, Department of Administration, P.O. Box 7864, Madison, WI 53707-7864. Written comments must be received by March 20, 2000, to be included in the record of rule-making proceedings.
Fiscal Estimate
The rules does not require electronic records but if the choice is made to use such records, then it does set public standards. Agencies will need to manage electronic records as they manage other existing records, in all cases determining the best and most cost effective retention and management choices.
Analysis Prepared by the Department of Administration
Statutory authority: ss. 16.611, 16.612 and 227.11(2)(a)
Statutes interpreted: ss. 16.61 and 16.612
1995 Wis. Act 27 amended the statutes relating to storage of public records under ss. 16.611, and 16.612, Stats., to include storage of public records in electronic format. The statute directs the Department of Administration to adopt rules prescribing qualitative standards for the storage of public records in electronic format for state agencies under s.16.611 and for local units of government under s.16.612, Stats. The proposed rule repeals and recreates Ch. Adm 12 of the Wisconsin Administrative Code. The objective of the proposed rule is to ensure that the quality of public records in electronic format is maintained and that public records in electronic format remain accessible for their designated retention period.
This Chapter provides guidelines and standards for agencies wishing to maintain their public records electronically. Public records can be created and maintained with a variety of technologies including paper as well as various electronic methods. Electronic records may include but are not limited to scanned, imaged or word processing documents; electronic forms; sound or visual recordings; database entries and web-enabled records as well as others.
The Chapter defines terms used within and refers readers to the statutory definition of a public record found at s.16.61(2)(b), Stats. General provisions of the chapter are intended to ensure electronic records will be accessible through time and will comply with State record-keeping and confidentiality requirements. More specific provisions establish standards for information systems that are used to maintain agencies' public records where the electronic version is the exclusive agency record.
Initial Regulatory Flexibility Analysis
Pursuant to s. 227.114, Stats., the rule is not expected to negatively impact on small businesses.
Agency Contact Person
Amy K. Moran
Division of Technology Management
Department of Administration
101 E. Wilson Street, 8th Floor
Madison, WI 53707-7864
Text of Rule
SECTION 1. Chapter Adm 12 is repealed and recreated to read:
Chapter Adm 12
Electronic Records Management — Standards and Requirements
Adm 12.01 Authority. This chapter is promulgated under the authority of ss.16.611, state public records, 16.612, local government records, and 227.11(2)(a), Stats., to implement 16.61, Stats.
Adm 12.02 Purpose. The purpose of this chapter is to ensure that public records in electronic format are preserved and maintained and remain accessible for their designated retention period.
Adm 12.03 Scope. This chapter establishes defined minimum requirements, standards and guidelines for state and local government accessibility of electronic public records from creation through active use, long-term management, preservation and disposition. This chapter does not require an agency to maintain public records in electronic format.
Adm 12.04 Definitions. In this chapter:
(1)
“Accessible" means information arranged, identified, indexed and maintained in a manner that permits the custodian of the public record to locate and retrieve the information in a readable format within a reasonable time.
(2)
“Accurate" means all information produced exhibits a high degree of legibility and readability and correctly reflects the original record when displayed on a retrieval device or reproduced on paper.
(3)
“Authentic" means what is retained to be an electronic record correctly reflects the creator's input and can be substantiated.
(4)
“Content" means the basic data or information carried in a record.
(5)
“Context" means the relationship of the information to the business and technical environment in which it arises. It can include, but is not limited to, such elements as the origin of the record; date and time the record was created; identification of the record series to which the information belongs.
(6)
“Electronic format" includes information created, generated, transmitted or stored in digital form or analog form.
(7)
“Information system" means a system for generating, sending, receiving, storing or otherwise processing data.
(8)
“Legible" means the quality of the letters, numbers or symbols can be positively and quickly identified to the exclusion of all other letters, numbers or symbols when displayed on a retrieval device or retrieved by device or reproduced on paper.
(9)
“Life cycle" means all phases of a record's existence: design, creation, active use, preservation and management through to disposition. As used here, the term “disposition" includes permanent preservation as well as designation for destruction.
(10)
“Meaning" means a record carries its original content, context and structure throughout its life.
(11)
“Public Record" has the meaning given in s.16.61(2)(b), Stats.
(12)
“Readable" means the quality of a group of letters, numbers or symbols is recognized as words, complete numbers or distinct symbols.
(13)
“Reliable" means the electronic record produced correctly reflects the initial record each time the system is requested to produce that record.
(14)
“Structure" means the appearance or arrangement of the information in the record. It can include, but is not limited to, such elements as heading, body and form.
Adm 12.05 General Provisions. State and local agencies maintaining public records in electronic format shall do all the following:
(1)
Comply with the appropriate legal and administrative requirements for record keeping.
(2)
Ensure that electronic records are accessible, accurate, authentic, reliable, legible, and readable throughout the record life cycle.
(3)
Document policies, assign responsibilities, and develop appropriate formal mechanisms for creating and maintaining public records throughout the record life cycle.
(4)
Assure confidentiality or restricted access to records or records series maintained in electronic format limits access to those persons authorized by law, administrative rule or established agency policy.
Adm 12.06 Records and Information Systems Provisions. State and local agencies maintaining any public records exclusively in electronic format shall do all the following for those records:
(1)
Develop information systems that accurately reproduce the records they create and maintain.
