AB150: Bill Text

AB150, s. 305 Section 305 . 16.54 (2) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,199,11 16.54 (2) (b) Upon presentation by the department of health and social services to the joint committee on finance of alternatives to the provisions under s. 49.80 16.385, the joint committee on finance may revise the eligibility criteria under s. 49.80 (5) 16.385 (5), benefit payments under s. 49.80 (6) 16.385 (6) or the amount determined by the department under s. 49.80 (3) (e) 2 16.385 (3) (e) 2. and the department shall implement those revisions. Benefits or eligibility criteria so revised shall take into account and be consistent with the requirements of federal regulations promulgated under 42 USC 8621 to 8629. If funds received under 42 USC 8621 to 8629 in a federal fiscal year total less than 90% of the amount received in the previous federal fiscal year, the department of health and social services shall submit to the joint committee on finance a plan for expenditure of the funds. The department of health and social services may not use the funds unless the committee approves the plan.

****Note: This is reconciled s. 16.54 (2) (b). This Section has been affected by drafts with the following LRB numbers: -0774/2 and -2153/1.

AB150, s. 306 Section 306. 16.54 (8r) (b) of the statutes is amended to read:

AB150,199,17 16.54 (8r) (b) The Annually by October 1 the board of regents shall report to the governor and the cochairpersons of the joint committee on finance no later than the 15th day following completion of each calendar quarter concerning the date, amount and purpose of any federal moneys accepted by the board under par. (a) during the preceding quarter fiscal year.

AB150, s. 307 Section 307. 16.54 (9) (a) 1. of the statutes is amended to read:

AB150,199,23 16.54 (9) (a) 1. "Agency" means an office, department, independent 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 created in ch. 231, 233 or 234.

AB150, s. 308 Section 308. 16.545 (9) of the statutes is created to read:

AB150,200,5 16.545 (9) To process applications for grants from the federal government upon request of any agency, as defined in s. 16.70 (1). The department may assess to an agency for whom it processes an application under this subsection a fee for the expenses incurred by the department in performing this service.

AB150, s. 309 Section 309. 16.61 (title) of the statutes is amended to read:

AB150,200,7 16.61 (title) Records and forms of state offices and other public records.

AB150, s. 310 Section 310. 16.61 (1) of the statutes is amended to read:

AB150,200,13 16.61 (1) (title) Public records and forms board. The public records and forms board shall preserve for permanent use important state records, prescribe policies and standards that provide an orderly method for the disposition of other state records and rationalize and make more cost-effective the management of forms and records by state agencies.

AB150, s. 311 Section 311. 16.61 (2) (a) of the statutes is amended to read:

AB150,200,15 16.61 (2) (a) "Board" means the public records and forms board.

AB150, s. 312 Section 312. 16.61 (2) (ad) of the statutes is renumbered 16.97 (5m).

AB150, s. 313 Section 313. 16.61 (2) (af) of the statutes is created to read:

AB150,200,18 16.61 (2) (af) "Form" has the meaning specified in s. 16.97 (5m).

AB150, s. 314 Section 314. 16.61 (2) (ah) of the statutes is renumbered 16.97 (5s).

AB150, s. 315 Section 315. 16.61 (2) (ao) of the statutes is repealed.

AB150, s. 316 Section 316. 16.61 (2) (ap) of the statutes is renumbered 16.97 (8m) and amended to read:

AB150,200,24 16.97 (8m) "Public contact form" means a form generated and used by any state agency in transactions between the state agency and a member of the public.

AB150, s. 317 Section 317. 16.61 (2) (b) (intro.) of the statutes is amended to read:

AB150,201,6 16.61 (2) (b) (intro.) "Public records" means all books, papers, maps, photographs, films, recordings, optical disks, electronically formatted documents or other documentary materials, regardless of physical form or characteristics, made, or received by any state agency or its officers or employes in connection with the transaction of public business, and documents of any insurer that is liquidated or in the process of liquidation under ch. 645. "Public records" does not include:

AB150, s. 318 Section 318. 16.61 (2) (bm) of the statutes is amended to read:

AB150,201,11 16.61 (2) (bm) "Records and forms officer" means a person designated by a state agency to design, review, analyze, consolidate, simplify and file comply with all public records and forms management laws and rules under s. 15.04 (1) (j) and to act as a liaison between that state agency and the board.

AB150, s. 319 Section 319. 16.61 (3) (b) of the statutes is amended to read:

AB150,201,18 16.61 (3) (b) Upon the request of any state agency, county, town, city, village or school district, may order upon such terms as the board finds necessary to safeguard the legal, financial and historical interests of the state in public records, the destruction, reproduction by microfilm or other process, storage by optical disk, or electronic storage or the temporary or permanent retention or other disposition of public records.

AB150, s. 320 Section 320. 16.61 (3) (c) of the statutes is amended to read:

AB150,201,21 16.61 (3) (c) Shall May promulgate rules to carry out the purposes of this section.

AB150, s. 321 Section 321. 16.61 (3) (h) of the statutes is repealed.

AB150, s. 322 Section 322. 16.61 (3) (i) of the statutes is repealed.

AB150, s. 323 Section 323. 16.61 (3) (j) of the statutes is amended to read:

AB150,202,2 16.61 (3) (j) Shall establish a records and forms management program for this state.

AB150, s. 324 Section 324. 16.61 (3) (k) of the statutes is renumbered 16.971 (2) (am) and amended to read:

AB150,202,6 16.971 (2) (am) Shall make Make as cost effective as possible the procurement and use of forms by state agencies.

AB150, s. 325 Section 325. 16.61 (3) (L) of the statutes is amended to read:

AB150,202,9 16.61 (3) (L) Shall receive and investigate complaints about forms, except as provided in sub. (3m) (3n).

AB150, s. 326 Section 326. 16.61 (3) (p) of the statutes is renumbered 16.61 (3L) and amended to read:

AB150,203,2 16.61 (3L) (title) Executive secretary. Shall The department shall, with the consent of the board and based on qualifications approved by the board, appoint an official in the classified service to oversee the day-to-day execution of the board's duties, to serve as the executive secretary of the board, and to coordinate the statewide records and forms management program and to have statewide responsibility for limiting paperwork. Except as provided in sub. (3m), the executive secretary shall review and approve, modify or reject all forms approved by a records and forms officer for jurisdiction, authority, standardization of design and nonduplication of existing forms and shall report to the board quarterly on the progress of records and forms management within state agencies. Unless the executive secretary rejects for cause or modifies the form within 20 working days after receipt, it is considered approved. The executive secretary's rejection of any form is appealable to the public records and forms board. If the head of a state agency certifies to the executive secretary that the form is needed on a temporary, emergency basis, approval of the executive secretary is not required.

AB150, s. 327 Section 327. 16.61 (3) (q) of the statutes is repealed.

AB150, s. 328 Section 328. 16.61 (3) (tm) of the statutes is created to read:

AB150,203,7 16.61 (3) (tm) Shall recommend to the department qualitative standards for storage of records in electronic format and for copies of documents generated from electronically stored records filed with local governmental units.

AB150, s. 329 Section 329. 16.61 (3) (v) of the statutes is repealed.

AB150, s. 330 Section 330. 16.61 (3m) (title) of the statutes is repealed.

AB150, s. 331 Section 331. 16.61 (3m) of the statutes is renumbered 16.971 (2m), and 16.971 (2m) (intro), as renumbered, is amended to read:

AB150,203,13 16.971 (2m) (intro.) The following forms are not subject to review, or approval or complaint investigation by the board or executive secretary by the department:

AB150, s. 332 Section 332. 16.61 (3n) of the statutes is created to read:

AB150,203,16 16.61 (3n) Exempt forms. The board may not receive or investigate complaints about the forms specified in s. 16.971 (2m).

AB150, s. 333 Section 333. 16.61 (5) (title) of the statutes is amended to read:

AB150,203,19 16.61 (5) (title) Transfer of public records to optical disk or electronic format.

AB150, s. 334 Section 334. 16.61 (5) (a) of the statutes is amended to read:

AB150,203,24 16.61 (5) (a) Subject to rules promulgated by the department under s. 16.611, any state agency may transfer any public record in its custody to or maintain in optical disk or electronic format any public record in its custody and retain the public record in that format only.

AB150, s. 335 Section 335. 16.61 (5) (b) of the statutes is amended to read:

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.