SB637: Bill Text

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:

SB637,8,23 13.097 (2) (c) Legislation 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 legislation that requires a report under this section receives a jacket to be introduced or offered, the legislative reference bureau shall submit a copy of the legislation to the department.

SB637, s. 5 Section 5. 13.097 (2) (d) of the statutes is amended to read:

SB637,9,2 13.097 (2) (d) The report shall be printed reproduced as an appendix to that applicable bill and shall be distributed in the same manner as amendments.

SB637, s. 6 Section 6. 13.17 of the statutes is amended to read:

SB637,9,8 13.17 Journals. A journal of the senate and assembly shall be prepared under the direction of the chief clerks of the respective houses. When completed, each journal shall be printed reproduced as provided by law. The chief clerk of each house shall certify one copy of such journal to the secretary of state for deposit. The printed journals shall be the official record of each house of the legislature.

SB637, s. 7 Section 7. 13.50 (6) (b) of the statutes is amended to read:

SB637,9,16 13.50 (6) (b) No bill or amendment thereto creating or modifying any system for the retirement of public employes shall be considered by either house until the written report required by par. (a) and the actuarial opinion ordered under par. (am), if any, have been submitted to the chief clerk. Each such bill or amendment shall then be referred to a standing committee of the house in which introduced. The report of the joint survey committee and actuarial opinion, if any, shall be printed reproduced as an appendix to the bill and attached thereto as are amendments.

SB637, s. 8 Section 8. 13.52 (6) of the statutes is amended to read:

SB637,9,25 13.52 (6) Report. Upon the introduction in either house of the legislature of any proposal which affects any existing statute or creates any new statute relating to the exemption of any property or person from any state or local taxes or special assessments, such proposal shall at once be referred to the joint survey committee on tax exemptions by the presiding officer instead of to a standing committee, and such proposal shall not be considered further by either house until the joint survey committee on tax exemptions has submitted a report, in writing, setting forth an opinion on the legality of the proposal, the fiscal effect upon the state and its subdivisions and its desirability as a matter of public policy and such report has been printed reproduced as an appendix to the bill and attached thereto as are amendments. Such printing reproduction shall be in lieu of inclusion in the daily journal of the house in which the bill was introduced.

SB637, s. 9 Section 9. 13.92 (1) (a) 5. of the statutes is amended to read:

SB637,10,9 13.92 (1) (a) 5. Prepare copy for the biennial Wisconsin Blue Book under s. 35.24 and, if the Blue Book is produced in computer-readable format under s. 35.25 (1), prepare and maintain computer data bases containing the Wisconsin Blue Book under s. 35.25.

SB637, s. 10 Section 10. 13.92 (1) (b) 2. of the statutes is amended to read:

SB637,10,14 13.92 (1) (b) 2. Prepare in plain language an analysis of each original measure, to be printed reproduced with the measure when it is introduced. On the printed measure, the analysis shall be displayed single-spaced between the title and the enacting clause.

SB637, s. 11 Section 11. 13.92 (1) (b) 3. a. of the statutes is amended to read:

SB637,10,24 13.92 (1) (b) 3. a. Promptly after the passage of any bill, any joint resolution amending the constitution, or any other resolution determined by the chief clerks to require enrollment and, in the case of a bill, before it is presented to the governor for approval, the chief clerk of the house in which the measure originated shall deliver the jacket to the bureau which shall enroll the proposal and return the jacket and the required number of copies, including a camera-ready copy of any proposed constitutional amendment and each resolution requiring newspaper publication in a format suitable for such publication, to the chief clerk. The camera-ready original copy of the each enrolled proposal shall be retained in the bureau.

SB637, s. 12 Section 12. 13.92 (1) (b) 3. c. of the statutes is amended to read:

SB637,11,2 13.92 (1) (b) 3. c. Each enrolled proposal, or printed reproduced copy thereof, shall carry a heading "State of Wisconsin" as do bills and joint resolutions.

SB637, s. 13 Section 13. 13.92 (1) (b) 4. of the statutes is amended to read:

SB637,11,17 13.92 (1) (b) 4. Publish each act on its date of publication. Upon receipt of notice from the secretary of state under s. 14.38 (10) (a), the bureau shall enter the act number, date of enactment and date of publication of each act on the camera-ready a copy of the act prepared in a format suitable for publication and deliver it or transmit the copy to the contract printer department of administration for reproduction. The copy shall identify material deleted from existing law by stricken type, and material inserted into existing law by underscored type. In any act published "vetoed in part", the material subject to the veto shall be displayed in full but shall be identified by distinguishing marks. The bureau shall make copies available on or before the date of publication of the act. The number of copies printed, and the reproduced shall be as provided in the joint rules and as further determined by the chief clerk of the house in which the act originated. The quality of paper used, shall be as provided in the joint rules and as further determined by the joint committee on legislative organization.

SB637, s. 14 Section 14. 13.92 (1) (b) 5. of the statutes is renumbered 13.93 (1) (q) and amended to read:

SB637,11,22 13.93 (1) (q) In cooperation with the revisor of statutes, Shall prepare a biennial list of numerical cross-references in the statutes to other parts of the statutes.

SB637, s. 15 Section 15. 13.92 (1) (e) 1. and 2. of the statutes are amended to read:

SB637,11,25 13.92 (1) (e) 1. Providing printing and duplicating document reproduction services to the legislature and its service agencies.

SB637,12,2 2. Printing Reproduction of legislative proposals or amendments and, when so ordered by either house, engrossed or enrolled proposals, under s. 35.05.

SB637, s. 16 Section 16. 13.92 (1) (e) 4m. of the statutes is created to read:

SB637,12,5 13.92 (1) (e) 4m. Production of the Wisconsin Blue Book and other publications of the bureau in computer-readable format under s. 35.25.

SB637, s. 17 Section 17. 13.92 (2) (c) of the statutes is amended to read:

SB637,12,7 13.92 (2) (c) Serve as editor of the biennial Wisconsin Blue Book.

SB637, s. 18 Section 18. 13.92 (2) (i) of the statutes is created to read:

SB637,12,12 13.92 (2) (i) Approve specifications and scheduling for computer data bases containing the Blue Book and the materials to be provided to state agencies under s. 35.25 (9), and for the printing of the Blue Book as prescribed in ss. 16.971 (6) (b) and 35.24.

SB637, s. 19 Section 19. 13.93 (1) (intro.) of the statutes is amended to read:

SB637,12,17 13.93 (1) Duties of the bureau. (intro.) The revisor of statutes bureau shall prepare and maintain computer data bases and prepare copy for the biennial Wisconsin statutes Statutes and Annotations and the production of WisLaw under s. 35.185, and for this purpose these purposes it:

SB637, s. 20 Section 20. 13.93 (1) (a), (c) and (p) of the statutes are amended to read:

SB637,12,23 13.93 (1) (a) Shall formulate and prepare a definite plan for the order, classification, arrangement, printing and binding of the statutes Wisconsin Statutes and Annotations, and prepare and at each session of the legislature present bills to the law revision committee of the joint legislative council containing such consolidation, revision and other matter relating to the statutes as time permits.

SB637,13,4 (c) May, where the application or effect of a statute, by its terms, depends on the time when the act creating the statute took effect, substitute the actual effective date for the various forms of expression which mean that date, such as "when this act (or chapter, or section) takes effect", or "after (or before) the effective date of this act (or chapter, or section)", in preparing copy for the biennial printing of the Wisconsin statutes Statutes and Annotations.

SB637,13,7 (p) Shall include an index of statutes of limitation and statutes establishing procedures for assertion of claims against governmental units or their employes in ch. 893 of each biennial edition of the Wisconsin statutes Statutes and Annotations.

SB637, s. 21 Section 21. 13.93 (1m) of the statutes is amended to read:

SB637,13,24 13.93 (1m) (title) 1970 Wisconsin annotations 1970. The revisor of statutes shall prepare and deliver to the department of administration, as soon as practicable after the end of the regular legislative session of 1969, a printer's copy for a volume to be designated "Wisconsin Annotations 1970" and to contain the Wisconsin constitution, notes of the legislative history of the sections of the statutes and annotations of court decisions interpreting the Wisconsin constitution and statutes, and such other matter as the revisor deems important. The department shall order printed, and the contract printer shall print and deliver, the number of copies ordered. This edition of the annotations shall be printed and published as supplement to the 1969 Wisconsin statutes Statutes; and the laws and the contract governing the printing and distribution of those statutes shall, as far as applicable, govern the printing and sale of the annotations, except that the annotations shall be sold at a price fixed by the department at approximately the cost thereof and there shall be no free distribution thereof except as provided in ss. 35.84 and 35.85 (5). The department shall designate the type, and shall determine the number of copies to be printed.

SB637, s. 22 Section 22. 13.93 (2) (c) and (h) of the statutes are amended to read:

SB637,14,9 13.93 (2) (c) Serve as editor of the biennial Wisconsin statutes Statutes and Annotations. In preparing each edition, if 2 or more acts of a legislative session affect the same statutory unit without taking cognizance of the effect thereon of the other acts and if the revisor finds that there is no mutual inconsistency in the changes made by each such act, the revisor shall incorporate the changes made by each act into the text of the statutory unit and document the incorporation in a note to the section. For each such incorporation, the revisor shall include in a correction bill a provision formally validating the incorporation. Section 990.07 is not affected by printing decisions made by the revisor under this paragraph.

SB637,14,13 (h) Approve specifications and scheduling for computer data bases containing the Wisconsin statutes Statutes and Annotations and the materials to be provided to state agencies under s. 35.91 (1r), and for the printing of the Wisconsin statutes Statutes and Annotations as prescribed in ss. 16.971 (6) (a) and 35.56 (5).

SB637, s. 23 Section 23. 13.93 (2m) (a) of the statutes is amended to read:

SB637,14,18 13.93 (2m) (a) The revisor of statutes bureau shall prepare and maintain computer data bases and prepare copy for publication in the Wisconsin administrative code Administrative Code and, if the revisor determines it is feasible, for inclusion in WisLaw under s. 35.185.

SB637, s. 24 Section 24. 13.93 (3) (title) of the statutes is amended to read:

SB637,14,20 13.93 (3) (title) Printing Reproduction and production costs.

SB637, s. 25 Section 25. 13.93 (3) (a) of the statutes is amended to read:

SB637,14,23 13.93 (3) (a) Printing of the Wisconsin statutes Statutes and Annotations under s. 35.18.

SB637, s. 26 Section 26. 13.93 (3) (b) of the statutes is amended to read:

SB637,15,2 13.93 (3) (b) Printing Reproduction of the Wisconsin town law forms Town Law Forms under s. 35.20.

SB637, s. 27 Section 27. 13.93 (3) (c) of the statutes is amended to read:

SB637,15,5 13.93 (3) (c) Printing of the Wisconsin annotations Annotations 1970 under s. 35.23.

SB637, s. 28 Section 28. 13.93 (3) (d) of the statutes is amended to read:

SB637,15,8 13.93 (3) (d) Printing Reproduction of the administrative code and register under s. 35.93.

SB637, s. 29 Section 29. 13.93 (3) (e) of the statutes is created to read:

SB637,15,10 13.93 (3) (e) Production of WisLaw under s. 35.185.

SB637, s. 30 Section 30. 13.94 (1) (c) of the statutes is amended to read:

SB637,15,17 13.94 (1) (c) Audit the central accounting records of the department of administration at least once every 2 years. A detailed report of such audit shall be filed as provided by par. (b), and copies shall be provided to each member or member-elect of the legislature and shall be available in limited number to the public. The bureau shall also prepare a summary of such audit report, for distribution in the same manner as the Wisconsin printed Blue Book under s. 35.84.