AB150,201,1813 16.61 (3) (b) Upon the request of any state agency, county, town, city, village
14or school district, may order upon such terms as the board finds necessary to
15safeguard the legal, financial and historical interests of the state in public records,
16the destruction, reproduction by microfilm or other process, storage by optical disk,
17or electronic storage or the temporary or permanent retention or other disposition
18of public records.
AB150, s. 320 19Section 320. 16.61 (3) (c) of the statutes is amended to read:
AB150,201,2120 16.61 (3) (c) Shall May promulgate rules to carry out the purposes of this
21section.
AB150, s. 321 22Section 321. 16.61 (3) (h) of the statutes is repealed.
AB150, s. 322 23Section 322. 16.61 (3) (i) of the statutes is repealed.
AB150, s. 323 24Section 323. 16.61 (3) (j) of the statutes is amended to read:
AB150,202,2
116.61 (3) (j) Shall establish a records and forms management program for this
2state.
AB150, s. 324 3Section 324. 16.61 (3) (k) of the statutes is renumbered 16.971 (2) (am) and
4amended to read:
AB150,202,65 16.971 (2) (am) Shall make Make as cost effective as possible the procurement
6and use of forms by state agencies.
AB150, s. 325 7Section 325. 16.61 (3) (L) of the statutes is amended to read:
AB150,202,98 16.61 (3) (L) Shall receive and investigate complaints about forms, except as
9provided in sub. (3m) (3n).
AB150, s. 326 10Section 326. 16.61 (3) (p) of the statutes is renumbered 16.61 (3L) and
11amended to read:
AB150,203,212 16.61 (3L) (title) Executive secretary. Shall The department shall, with the
13consent of the board and based on qualifications approved by the board,
appoint an
14official in the classified service to oversee the day-to-day execution of the board's
15duties, to serve as the executive secretary of the board, and to coordinate the
16statewide records and forms management program and to have statewide
17responsibility for limiting paperwork. Except as provided in sub. (3m), the executive
18secretary shall review and approve, modify or reject all forms approved by a records
19and forms officer for jurisdiction, authority, standardization of design and
20nonduplication of existing forms and shall report to the board quarterly on the
21progress of records and forms management within state agencies. Unless the
22executive secretary rejects for cause or modifies the form within 20 working days
23after receipt, it is considered approved. The executive secretary's rejection of any
24form is appealable to the public records and forms board. If the head of a state agency

1certifies to the executive secretary that the form is needed on a temporary, emergency
2basis, approval of the executive secretary is not required
.
AB150, s. 327 3Section 327. 16.61 (3) (q) of the statutes is repealed.
AB150, s. 328 4Section 328. 16.61 (3) (tm) of the statutes is created to read:
AB150,203,75 16.61 (3) (tm) Shall recommend to the department qualitative standards for
6storage of records in electronic format and for copies of documents generated from
7electronically stored records filed with local governmental units.
AB150, s. 329 8Section 329. 16.61 (3) (v) of the statutes is repealed.
AB150, s. 330 9Section 330. 16.61 (3m) (title) of the statutes is repealed.
AB150, s. 331 10Section 331. 16.61 (3m) of the statutes is renumbered 16.971 (2m), and 16.971
11(2m) (intro), as renumbered, is amended to read:
AB150,203,1312 16.971 (2m) (intro.) The following forms are not subject to review, or approval
13or complaint investigation by the board or executive secretary by the department:
AB150, s. 332 14Section 332. 16.61 (3n) of the statutes is created to read:
AB150,203,1615 16.61 (3n) Exempt forms. The board may not receive or investigate complaints
16about the forms specified in s. 16.971 (2m).
AB150, s. 333 17Section 333. 16.61 (5) (title) of the statutes is amended to read:
AB150,203,1918 16.61 (5) (title) Transfer of public records to optical disk or electronic
19format.
AB150, s. 334 20Section 334. 16.61 (5) (a) of the statutes is amended to read:
AB150,203,2421 16.61 (5) (a) Subject to rules promulgated by the department under s. 16.611,
22any state agency may transfer any public record in its custody to or maintain in
23optical disk or electronic format any public record in its custody and retain the public
24record in that format only.
AB150, s. 335 25Section 335. 16.61 (5) (b) of the statutes is amended to read:
AB150,204,4
116.61 (5) (b) Subject to rules promulgated by the department under s. 16.611,
2state agencies shall maintain procedures to ensure the authenticity, accuracy,
3reliability and accessibility of public records transferred to or maintained in optical
4disk or electronic format under par. (a).
AB150, s. 336 5Section 336. 16.61 (5) (c) of the statutes is amended to read:
AB150,204,96 16.61 (5) (c) Subject to rules promulgated by the department under s. 16.611,
7state agencies that transfer public records in their custody to or maintain in optical
8disk or electronic format public records in their custody shall ensure that the public
9records stored in that format are protected from unauthorized destruction.
AB150, s. 337 10Section 337. 16.61 (7) (a) (intro.) of the statutes is amended to read:
AB150,204,1311 16.61 (7) (a) (intro.) Any microfilm reproduction of an original record, or a copy
12generated from an original record stored in optical disk or electronic format, is
13deemed an original public record if all of the following conditions are met:
AB150, s. 338 14Section 338. 16.61 (7) (a) 1. of the statutes is amended to read:
AB150,204,1715 16.61 (7) (a) 1. Any device used to reproduce the record on film or to transfer
16the record to optical disk or electronic format and generate a copy of the record from
17optical disk or electronic format accurately reproduces the content of the original.
AB150, s. 339 18Section 339. 16.61 (7) (a) 2. of the statutes is amended to read:
AB150,204,2319 16.61 (7) (a) 2. The reproduction is on film which complies with the minimum
20standards of quality for microfilm reproductions, as established by rule of the board,
21or the optical disk or electronic copy and the copy generated from optical disk or
22electronic
format comply with the minimum standards of quality for such copies, as
23established by rule of the department under s. 16.611.
AB150, s. 340 24Section 340. 16.61 (7) (a) 5. of the statutes is amended to read:
AB150,205,12
116.61 (7) (a) 5. The state agency records and forms officer or other person
2designated by the head of the state agency or the custodian of any other record
3executes a statement of intent and purpose describing the record to be reproduced
4or transferred to optical disk or electronic format, the disposition of the original
5record, the disposal authorization number assigned by the board for public records
6of state agencies, the enabling ordinance or resolution for cities, towns, villages or
7school districts, or the resolution which authorizes the reproduction , or optical
8imaging or electronic formatting for counties when required, and executes a
9certificate verifying that the record was received or created and microfilmed or
10transferred to optical disk or electronic format in the normal course of business and
11that the statement of intent and purpose is properly recorded as directed by the
12board.
AB150, s. 341 13Section 341. 16.61 (8) (a) of the statutes is amended to read:
AB150,205,1914 16.61 (8) (a) Any microfilm reproduction of a public record meeting the
15requirements of sub. (7) or copy of a public record generated from an original record
16stored in optical disk or electronic format in compliance with this section shall be
17taken as, stand in lieu of and have all the effect of the original document and shall
18be admissible in evidence in all courts and all other tribunals or agencies,
19administrative or otherwise, in all cases where the original document is admissible.
AB150, s. 342 20Section 342. 16.61 (8) (b) of the statutes is amended to read:
AB150,205,2521 16.61 (8) (b) Any enlarged copy of a microfilm reproduction of a public record
22made as provided by this section or any enlarged copy of a public record generated
23from an original record stored in optical disk or electronic format in compliance with
24this section that is certified by the custodian as provided in s. 889.08 shall have the
25same force as an actual-size copy.
AB150, s. 343
1Section 343. 16.61 (9) of the statutes is amended to read:
AB150,206,52 16.61 (9) Preservation of reproductions. Provision shall be made for the
3preservation of any microfilm reproductions of public records and of any public
4records stored in optical disk or electronic format in conveniently accessible files in
5the agency of origin or its successor or in the state archives.
AB150, s. 344 6Section 344. 16.61 (10) of the statutes is amended to read:
AB150,206,127 16.61 (10) Contracts for copying. Contracts for microfilm reproduction or,
8optical imaging or electronic storage of public records to be performed as provided in
9this section shall be made by the secretary as provided in ss. 16.70 to 16.77 and the
10cost of making such reproductions or optical disks or of electronic storage shall be
11paid out of the appropriation of the state agency having the reproduction made or the
12storage performed
.
AB150, s. 345 13Section 345. 16.61 (11) of the statutes is amended to read:
AB150,206,2014 16.61 (11) Authority to reproduce records. Nothing in this section shall be
15construed to prohibit the responsible officer of any state agency from reproducing
16any document by any method when it is necessary to do so in the course of carrying
17out duties or functions in any case other than where the original document is to be
18destroyed; but no original public record may be destroyed after microfilming or,
19optical imaging or electronic storage without the approval of the board unless
20authorized under sub. (4) or (5).
AB150, s. 346 21Section 346. 16.61 (12) of the statutes is amended to read:
AB150,207,222 16.61 (12) Access to reproductions and copies. All persons may examine and
23use the microfilm reproductions of public records and copies of public records
24generated from optical disk or electronic storage subject to such reasonable rules as

1may be made by the responsible officer of the state agency having custody of the
2same.
AB150, s. 347 3Section 347. 16.61 (13) (d) 1. of the statutes is amended to read:
AB150,207,164 16.61 (13) (d) 1. Except as provided in subd. 2., records which have a
5confidential character while in the possession of the original custodian shall retain
6their confidential character after transfer to the historical society unless the board
7of curators of the historical society, with the concurrence of the original custodian or
8the custodian's legal successor, determines that the records shall be made accessible
9to the public under such proper and reasonable rules as the historical society
10promulgates. If the original custodian or the custodian's legal successor is no longer
11in existence, confidential records formerly in that person's possession may not be
12released by the board of curators unless the release is first approved by the public
13records and forms board. For public records and other official materials transferred
14to the care of the university archival depository under par. (b), the chancellor of the
15university preserving the records shall have the power and duties assigned to the
16historical society under this section.
AB150, s. 348 17Section 348. 16.611 (title) of the statutes is amended to read:
AB150,207,18 1816.611 (title) State public records; optical disk and electronic storage.
AB150, s. 349 19Section 349. 16.611 (2) (a) of the statutes is amended to read:
AB150,207,2520 16.611 (2) (a) The department shall prescribe, by rule, procedures for the
21transfer of public records to optical disk or electronic format and for the maintenance
22of public records stored in optical disk or electronic format
, including procedures to
23ensure the authenticity, accuracy, reliability and accessibility of public records so
24transferred and procedures to ensure that such public records are protected from
25unauthorized destruction.
AB150, s. 350
1Section 350. 16.611 (2) (b) of the statutes is amended to read:
AB150,208,32 16.611 (2) (b) The department shall prescribe, by rule, procedures governing
3the operation of its optical disk and electronic storage facility under s. 16.62 (1) (bm).
AB150, s. 351 4Section 351. 16.611 (2) (d) of the statutes is created to read:
AB150,208,75 16.611 (2) (d) The department shall prescribe, by rule, qualitative standards
6for the storage of public records in electronic format and for copies of public records
7stored in electronic format.
AB150, s. 352 8Section 352. 16.611 (3) of the statutes is amended to read:
AB150,208,119 16.611 (3) Prior to submitting any proposed rule prescribed under sub. (2) to
10the legislative council staff under s. 227.15 (1), the department shall refer the
11proposed rule to the public records and forms board for its recommendations.
AB150, s. 353 12Section 353. 16.612 (title) of the statutes is amended to read:
AB150,208,14 1316.612 (title) Local government records; optical disk and electronic
14storage
standards.
AB150, s. 354 15Section 354. 16.612 (2) of the statutes is renumbered 16.612 (2) (a) and
16amended to read:
AB150,208,2117 16.612 (2) (a) The department shall prescribe, by rule, qualitative standards
18for optical disks and for copies of documents generated from optical disks used to
19store materials filed with local governmental units. Prior to submitting any such
20rule to the legislative council staff under s. 227.15 (1), the department shall refer the
21rule to the public records and forms board for its recommendations.
AB150, s. 355 22Section 355. 16.612 (2) (b) of the statutes is created to read:
AB150,209,323 16.612 (2) (b) The department shall prescribe, by rule, qualitative standards
24for the storage of public records in electronic format and for copies of documents
25generated from electronically stored materials filed with local governmental units.

1Prior to submitting any such rule to the legislative council staff under s. 227.15 (1),
2the department shall refer the rule to the public records board for its
3recommendations.
AB150, s. 356 4Section 356. 16.62 (1) (bm) of the statutes is amended to read:
AB150,209,75 16.62 (1) (bm) To operate an optical disk a storage facility for state agencies
6storage of public records in optical disk or electronic format in accordance with rules,
7promulgated by the department under s. 16.611, governing operation of the facility.
AB150, s. 357 8Section 357. 16.62 (2) of the statutes is amended to read:
AB150,209,129 16.62 (2) The department may establish user charges for records storage and
10retrieval services, with any moneys collected to be credited to the appropriation
11account under s. 20.505 (1) (im) or (kg) (kd). Such charges shall be structured to
12encourage efficient utilization of the services.
AB150, s. 358 13Section 358. 16.62 (3) of the statutes is amended to read:
AB150,209,1614 16.62 (3) The department may establish user fees for the services of the public
15records and forms board. Any moneys collected shall be credited to the appropriation
16account under s. 20.505 (1) (kg) (kd).
****Note: This is reconciled s. 16.62 (3). This Section has been affected by drafts
with the following LRB numbers: 1253/3 and 2401/3.
AB150, s. 359 17Section 359. 16.70 (2) of the statutes is amended to read:
AB150,209,1818 16.70 (2) "Authority" means a body created under ch. 231, 232, 233 or 234.
AB150, s. 360 19Section 360. 16.701 of the statutes is created to read:
AB150,209,23 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, s. 361
1Section 361. 16.702 of the statutes is created to read:
AB150,210,7 216.702 Contract administration fees. (1) The department shall by rule
3prescribe a contract administration fee to be paid for each state fiscal year by
4providers of materials, supplies, equipment or contractual services to agencies.
5Different contract administration fees may be assessed on the basis of different total
6dollar volumes of sales by providers to agencies within the fiscal year in which the
7fee is assessed or the preceding fiscal year.
AB150,210,17 8(2) Except as authorized in sub. (3), no person may provide any materials,
9supplies, equipment or contractual services to any agency or agencies having an
10aggregate cost to the state exceeding $500 within any fiscal year unless that person
11has paid to the department the fee prescribed under sub. (1) for the fiscal year in
12which the materials, supplies, equipment or services are provided. If different fees
13are assessed under sub. (1) for different total dollar volumes of sales, no person may
14provide any materials, supplies, equipment or contractual services to any agency or
15agencies exceeding the dollar volume applicable to the fee which the person has paid
16under sub. (1) for the fiscal year in which the materials, supplies, equipment or
17services are provided.
AB150,210,21 18(3) The secretary may waive payment of the fee prescribed under this section
19if the secretary determines that a waiver will enhance competition between
20prospective vendors or if the secretary otherwise determines that a waiver of the fee
21for any vendor or class of vendors is in the best interest of the state.
AB150,210,23 22(4) The department shall deposit all revenues received from fees assessed
23under this section in the information technology investment fund.
AB150, s. 362 24Section 362. 16.72 (2) (e) (intro.) of the statutes is amended to read:
AB150,211,9
116.72 (2) (e) (intro.) In writing the specifications under this subsection, the
2department and any other designated purchasing agent under s. 16.71 (1) shall
3incorporate requirements for the purchase of products made from recycled materials
4and recovered materials if their use is technically and economically feasible. Each
5authority other than the University of Wisconsin Hospitals and Clinics Authority, in
6writing specifications for purchasing by the authority, shall incorporate
7requirements for the purchase of products made from recycled materials and
8recovered materials if their use is technically and economically feasible. The
9specifications shall include requirements for the purchase of the following materials:
AB150, s. 363 10Section 363. 16.72 (2) (f) of the statutes is amended to read:
AB150,211,1911 16.72 (2) (f) In writing specifications under this subsection, the department,
12any other designated purchasing agent under s. 16.71 (1) and each authority other
13than the University of Wisconsin Hospitals and Clinics Authority
shall incorporate
14requirements relating to the recyclability and ultimate disposition of products and,
15wherever possible, shall write the specifications so as to minimize the amount of solid
16waste generated by the state, consistent with the priorities established under s.
17159.05 (12). All specifications under this subsection shall discourage the purchase
18of single-use, disposable products and require, whenever practical, the purchase of
19multiple-use, durable products.
AB150, s. 364 20Section 364. 16.72 (7) (intro.) of the statutes is amended to read:
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