SB637: Bill Text

LRB-5102/3

JTK:skg:jlb

1995 - 1996 LEGISLATURE

1995 Senate BILL 637

March 19, 1996 - Introduced by Senators Rude and Panzer, cosponsored by Representatives Prosser and Nass. Referred to Joint committee on Information Policy.

SB637,3,2 An Act to repeal 35.012, 35.015 (2), 35.03, 35.05 (5) (b), 35.35 (2), the unnumbered subchapter title preceding 35.50, 35.50 to 35.55, 35.57 to 35.60, the unnumbered subchapter title preceding 35.61 , 35.61 to 35.64, the unnumbered subchapter title preceding 35.65 and 35.65; to renumber and amend 13.92 (1) (b) 5., 16.971 (6) and 35.91 (1); to amend 13.093 (2) (a), 13.096 (2) (b), 13.096 (2) (c), 13.097 (2) (c), 13.097 (2) (d), 13.17, 13.50 (6) (b), 13.52 (6), 13.92 (1) (a) 5., 13.92 (1) (b) 2., 13.92 (1) (b) 3. a., 13.92 (1) (b) 3. c., 13.92 (1) (b) 4., 13.92 (1) (e) 1. and 2., 13.92 (2) (c), 13.93 (1) (intro.), 13.93 (1) (a), (c) and (p), 13.93 (1m) of the statutes, 13.93 (2) (c) and (h), 13.93 (2m) (a), 13.93 (3) (title), 13.93 (3) (a), 13.93 (3) (b), 13.93 (3) (c), 13.93 (3) (d), 13.94 (1) (c), 16.82 (4) (a), (d) and (g), 19.35 (1) (g), 20.004 (1), 20.908, chapter 35 (title), subchapter I (title) of chapter 35 [precedes 35.001] , 35.01 (intro.) and (1), 35.01 (2), 35.01 (7), 35.01 (8), 35.015 (3), 35.035 (title) and (1) to (3), the unnumbered subchapter title preceding 35.05 , 35.05 (title) and (1) to (4) and (5) (a), 35.05 (5) (c) to (e) and (6), 35.15 (1) (a), (c) and (e), 35.17, the unnumbered subchapter title preceding 35.18 , 35.18 (title) and (1), 35.19, 35.20, 35.23, the unnumbered subchapter title preceding 35.24 , 35.24 (1) (intro.), 35.24 (1) (a), 35.24 (1) (b) and (c), 35.24 (3), the unnumbered subchapter title preceding 35.26 , the unnumbered subchapter title preceding 35.29 , 35.29 (1), 35.35 (1), 35.35 (3), 35.36 (1), the unnumbered subchapter title preceding 35.43, 35.43, 35.44, the unnumbered subchapter title preceding 35.56 , 35.56 (1), 35.56 (5), subchapter II (title) of chapter 35 [precedes 35.78] , 35.84 (figure) (symbols), 35.84 (figure) column A (title), 35.84 (figure) column B (title), 35.84 (figure) column C (title), 35.84 (figure) column E (title), 35.84 (figure) column N (title), 35.85 (intro.), 35.85 (2), 35.85 (3) and (5), 35.87 (1), 35.89, 35.91 (2), 35.91 (3), 35.93 (title) and (1), 35.93 (3), 35.93 (4), 35.93 (5), 35.93 (8), 227.14 (2) (a), 227.19 (6) (a) (intro.), 227.22 (2) (d), 227.24 (1) (e) 1., 227.26 (2) (g) (intro.), 601.423 (2), 889.01 and 985.08 (2) (b); to repeal and recreate 35.001 (4); and to create 13.92 (1) (e) 4m., 13.92 (2) (i), 13.93 (3) (e), 16.971 (6) (b), 35.001 (2g) and (2r), 35.001 (5), 35.18 (4), 35.185, 35.24 (4), 35.25, 35.56 (6), 35.84 (figure) column O, 35.84 (figure) column P, 35.91 (1) (b) and (c), 35.91 (1g), 35.91 (1m) and 35.91 (1r) of the statutes; relating to: various changes in the laws regulating state printing; legislative document production and distribution; production, maintenance, distribution and sale of WisLaw; production, maintenance, distribution and sale of the Blue Book and other publications of the legislative reference bureau in computer-readable format; retitling of the Wisconsin Statutes; copyrighting of editorial material in the Wisconsin Statutes and Annotations, WisLaw and the Blue Book; computer data bases containing the Wisconsin Statutes and Annotations and the Blue Book; the price of the Wisconsin Statutes and Annotations; information concerning corrections to the Wisconsin Statutes and WisLaw; and access to certain public records in electronic format and computer data bases used to produce such records.

Analysis by the Legislative Reference Bureau

This bill makes various changes in the laws regulating state printing. The bill also authorizes certain state publications to be produced, distributed and sold in computer-readable format. In addition, the bill changes and clarifies laws governing access to certain public records in electronic format and computer data bases used to produce such records. Significant provisions include:

State printing changes

This bill deletes a number of specific procedures and requirements for state printing procurement in favor of utilizing general state procurement laws for printing procurement. In most cases, the effect is to permit the department of administration (DOA) to continue to adhere to these procedures or requirements administratively or to substitute other procedures or requirements.

Among the requirements deleted by the bill are: 1) a requirement for DOA to promulgate rules concerning the conduct of state printing business; 2) a requirement for DOA to make annual reports to the joint committee on finance concerning state printing; 3) a requirement for state agencies that publish legal notices to furnish printer's copy to DOA; 4) a requirement for DOA to ensure, whenever possible, that certain state publications are produced in specified minimum and maximum size formats; 5) a requirement that contract printers for state publications submit proofs; 6) a requirement for requisitioning state agencies to supply title pages and printer's copy for their publications (but prohibiting the words "compliments of" followed by the name of the author or words to similar effect from appearing on the copy); 7) a requirement for base prices and specifications to be established for certain classes of state printing for 2-year periods; 8) a requirement for DOA to keep specified printing records, including records of paper deliveries; 9) requirements imposed upon contract printers concerning delivery and billing procedures; 10) a requirement for legislative publications to be printed and bound in the same manner as previous editions of the same publications unless otherwise determined by the publishing agency; and 11) a requirement for DOA to consult with the revisor or the chief of the legislative reference bureau before establishing base prices for the Wisconsin Administrative Code and Register or the Laws of Wisconsin, respectively.

The bill deletes authorization for DOA to determine specifications for most legislative printing, with the advice and approval of the joint committee on legislative organization. (Under the bill, specifications for legislative printing are determined by joint rules of the legislature, or by the publishing house or agency.) The bill also deletes specific authority for the governor to withdraw state printing requisitions and deletes specified liability of contract printers for nonperformance and specified procedures to be followed by DOA for printing procurement in the event of nonperformance of a contract printer.

The bill permits DOA to enter into local contracts to meet specialized printing needs of state agencies in the Madison metropolitan area. Currently, these needs are addressed under statewide contracts for the class of printing required by the agencies.

The bill also repeals a requirement for state printing to be done in this state but that permits printing to be done in another state if the laws of that state permit printing contracted for under its laws to be done in this state. Under the repeal, current law governing in-state preference in state purchasing applies to printing orders. Under that law, if a printing vendor is not a Wisconsin producer, distributor, supplier or retailer, and the jurisdiction in which the vendor is located does not give preference to vendors of that jurisdiction when making governmental purchases, DOA must give preference to Wisconsin producers, distributors, suppliers or retailers in procuring state printing orders.

In addition, the bill revises the definition of "state agency" under laws governing state printing, document reproduction and distribution, which authorize and regulate certain actions by state agencies, and entitle them to take certain actions, to broaden the scope of coverage of these laws.

Legislative document production and distribution

Currently, many legislative publications are authorized or directed to be printed, including bills, amendments, resolutions, legislative journals, joint committee reports, fiscal estimates, individual copies of acts (slip laws), the Wisconsin Administrative Code and Register and the Wisconsin Town Law Forms.

This bill eliminates all requirements for printing of legislative publications other than those that are currently printed in hardbound volumes [Wisconsin Statutes, Wisconsin Annotations, Laws of Wisconsin (session laws) and the Blue Book]. Under the bill, for any publication for which printing is not required, the clerk, committee or agency responsible for the publication may substitute another form of reproduction.

Currently, the format and quantities of most legislative documents are determined by rule of the house requisitioning them, or by the committee on organization of that house. The bill permits, in addition, the chief clerk of each house to make such determinations.

Under current law, the clerk or agency responsible for preparation of copy for certain legislative documents must submit camera-ready copy to DOA or to the printer. The bill allows all such copy to be transmitted electronically to DOA or to the person with whom DOA contracts for reproduction of the documents.

Under current law, the complete Wisconsin Administrative Register is published monthly, but a notice section is published semimonthly. The bill permits the revisor of statutes to publish the complete register on a semimonthly basis.

Currently, the legislative reference bureau, in cooperation with the revisor of statutes, prepares a biennial list of numerical cross-references in the statutes to other parts of the statutes. The bill gives the revisor sole responsibility for this function.

The bill also makes other minor changes to laws concerning printing procedures that affect legislative documents.

Responsibilities of revisor of statues

Under current law, the revisor of statutes publishes the Wisconsin Statutes on a biennial basis. The Wisconsin Statutes consist of the current text of the statutes, annotations to the statutes prepared since the latest edition of the publication "Wisconsin Annotations" and certain other editorial matter. This bill retitles this publication the "Wisconsin Statutes and Annotations". Currently, the revisor prepares annotations to keep the volume "Wisconsin Annotations" up-to-date. Under this bill, the revisor prepares annotations to keep the volume "Wisconsin Annotations 1970" up-to-date and inserts the continuations in the Wisconsin Statutes and Annotations.

The bill also authorizes the revisor of statutes to produce, maintain and license computer-readable materials to be known as "WisLaw". Under the bill, WisLaw consists of the Wisconsin Statutes and Annotations (except certain figures, forms and maps which the revisor determines are not feasible to accurately reproduce), the Wisconsin and U.S. constitutions, the Wisconsin supreme court rules, the opinions of the attorney general, revisions of Wisconsin Annotations and an alphabetical index. It must also include the Wisconsin Administrative Code, the Laws of Wisconsin (session laws) and the Wisconsin Town Law Forms if the revisor determines that inclusion of these documents is feasible, and it may also include other public documents which the revisor determines are desirable and appropriate. WisLaw is to be issued on a biennial basis concurrently with the publication of the Wisconsin Statutes and Annotations, with interim releases issued at intervals determined by the revisor. Under the bill, WisLaw is produced in the electronic or optical medium or mediums that the revisor considers to be desirable and appropriate.

The bill directs the revisor and DOA to license WisLaw to members of the public at a price determined in accordance with certain standards specified in the bill. The bill provides for DOA to distribute specified quantities of WisLaw to judicial officers and libraries at state expense, and further directs DOA to make WisLaw available to other state officers and agencies at the expense of the officers and agencies. In order to receive WisLaw, a recipient must enter into a license agreement. The bill permits DOA to license the computer data bases used in producing WisLaw (subject to copyright interests of software vendors) to persons wishing to reproduce their contents at a price determined by DOA, subject to approval of the revisor, in accordance with the same standards used to determine the price of individual licenses. All license revenue collected under the bill is deposited in the state general fund.

The bill directs the revisor, in accordance with current practice, to prepare and maintain computer data bases for the production of the Wisconsin Statutes and Annotations and Wisconsin Administrative Code, as well as for WisLaw.

Currently, the Wisconsin Statutes are sold at a price fixed by DOA which is based on the cost of production of all copies (including free copies distributed according to law) plus 75% of the cost of operation of the revisor of statutes bureau. Under the bill, the amount collected by DOA during the preceding fiscal biennium from sales of and licensing fees for WisLaw and the computer data bases containing WisLaw is subtracted in determining the cost of production of the Wisconsin Statutes and Annotations. The bill directs DOA to maintain a list of recipients of the Wisconsin Statutes and Annotations and WisLaw and to mail them any corrections to the statutes issued by the revisor and notice of publication or issuance of new editions and releases.

In addition, the bill permits the revisor to register, in the name of the state, the state's copyright in all editorial material subject to copyright in the Wisconsin Statutes and Annotations and WisLaw. Currently, no general express statutory authority exists for state officers and agencies to register copyrights to their publications.

Responsibilities of legislative reference bureau

Under current law, the legislative reference bureau publishes the Wisconsin Blue Book on a biennial basis. This bill authorizes the bureau to produce and maintain the Blue Book or any other publication of the bureau in computer-readable format. Under the bill, if the Blue Book is produced in computer-readable format, it is to be issued at times determined by the chief of the legislative reference bureau. The Blue Book is produced in the electronic or optical medium or mediums that the chief of the legislative reference bureau determines to be desirable and appropriate.

If the Blue Book or any other publication of the legislative reference bureau is produced in computer-readable format, the bill directs DOA to license the publication to members of the public upon such terms as may be determined by the chief of the legislative reference bureau and at a price determined by the chief, with the approval of DOA. In such case, the bill provides for DOA to distribute, upon request, one copy of the Blue Book in computer-readable format, at state expense, to each person, agency or institution who or which is entitled to receive at least one copy of the Blue Book at state expense under current law. In order to receive the Blue Book in computer-readable format, a recipient must enter into a license agreement. All license revenue collected under the bill is deposited in the state general fund.

The bill permits the legislative reference bureau, in accordance with current practice, to prepare and maintain computer data bases for the production of the Blue Book.

The bill permits the legislative reference bureau to register, in the name of the state, the state's copyright in all editorial material subject to copyright in the Blue Book. Currently, no general express statutory authority exists for state officers and agencies to register copyrights to their publications.

Currently, current copies of the printed Blue Book and the Laws of Wisconsin are sold at prices determined by DOA. Under the bill, current copies of these publications are sold at prices determined by the chief of the legislative reference bureau, with the approval of DOA.

Currently, the legislative reference bureau is directed, insofar as possible, to make the Blue Book useful for civics classes in schools. The bill instead directs the bureau, insofar as possible, to make the Blue Book useful for teaching about Wisconsin state government.

Access to certain public records

Under current law, with certain exceptions, any public record may be inspected, or copied at a cost not exceeding the cost of reproduction, by any person unless the record has been or will be promptly published with copies offered for sale or distribution. The bill clarifies that "publication", as used in this exception to the right of access, includes distribution in electronic format; that "record" includes the computer data bases, and contents thereof, that are produced and maintained by the custodian of any such record to produce the record; and that "sale" includes the licensing of any such record in a computer-readable format. Under these changes, a person may be precluded from obtaining a copy of these kinds of records for the cost of reproduction alone.

Other

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB637, s. 1 Section 1. 13.093 (2) (a) of the statutes is amended to read:

SB637,8,5 13.093 (2) (a) Any bill making an appropriation and any bill increasing or decreasing existing appropriations or state or general local government fiscal liability or revenues shall, before any vote is taken thereon by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee, incorporate a reliable estimate of the anticipated change in appropriation authority or state or general local government fiscal liability or revenues under the bill, including to the extent possible a projection of such changes in future biennia. For purposes of this paragraph, a bill increasing or decreasing the liability or revenues of the unemployment reserve fund is considered to increase or decrease state fiscal liability or revenues. Except as otherwise provided by joint rules of the legislature, such estimates shall be made by the department or agency administering the appropriation or fund or collecting the revenue. The joint survey committee on retirement systems shall prepare the fiscal estimate with respect to the provisions of any bill referred to it which create or modify any system for, or make any provision for, the retirement of or payment of pensions to public officers or employes. When a fiscal estimate is prepared after the bill has been introduced, it shall be printed reproduced and distributed as are amendments.

SB637, s. 2 Section 2. 13.096 (2) (b) of the statutes is amended to read:

SB637,8,10 13.096 (2) (b) A bill that requires a report by the department under this section shall have that requirement noted displayed on its jacket when the jacket is prepared. When a bill that requires a report under this section is introduced, the legislative reference bureau shall submit a copy of the bill to the department.

SB637, s. 3 Section 3. 13.096 (2) (c) of the statutes is amended to read:

SB637,8,17 13.096 (2) (c) The report prepared under this section shall be printed reproduced as an appendix to that applicable bill and shall be distributed in the same manner as amendments. The report shall be distributed before any vote is taken on the bill by either house of the legislature if the bill is not referred to a standing committee, or before any public hearing is held before any standing committee or, if no public hearing is held, before any vote is taken by the committee.

SB637, s. 4 Section 4. 13.097 (2) (c) of the statutes is amended to read: