1995 - 1996 LEGISLATURE
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
1An Act to repeal 35.012, 35.015 (2), 35.03, 35.05 (5) (b), 35.35 (2), the
2unnumbered subchapter title preceding 35.50, 35.50 to 35.55, 35.57 to 35.60,
3the unnumbered subchapter title preceding 35.61 , 35.61 to 35.64, the
4unnumbered subchapter title preceding 35.65 and 35.65;
to renumber and
5amend 13.92 (1) (b) 5., 16.971 (6) and 35.91 (1);
to amend 13.093 (2) (a), 13.096
6(2) (b), 13.096 (2) (c), 13.097 (2) (c), 13.097 (2) (d), 13.17, 13.50 (6) (b), 13.52 (6),
713.92 (1) (a) 5., 13.92 (1) (b) 2., 13.92 (1) (b) 3. a., 13.92 (1) (b) 3. c., 13.92 (1) (b)
84., 13.92 (1) (e) 1. and 2., 13.92 (2) (c), 13.93 (1) (intro.), 13.93 (1) (a), (c) and (p),
913.93 (1m)
of the statutes, 13.93 (2) (c) and (h), 13.93 (2m) (a), 13.93 (3) (title),
1013.93 (3) (a), 13.93 (3) (b), 13.93 (3) (c), 13.93 (3) (d), 13.94 (1) (c), 16.82 (4) (a),
11(d) and (g), 19.35 (1) (g), 20.004 (1), 20.908, chapter 35 (title), subchapter I (title)
12of chapter 35 [precedes 35.001] , 35.01 (intro.) and (1), 35.01 (2), 35.01 (7), 35.01
13(8), 35.015 (3), 35.035 (title) and (1) to (3), the unnumbered subchapter title
14preceding 35.05 , 35.05 (title) and (1) to (4) and (5) (a), 35.05 (5) (c) to (e) and (6),
1535.15 (1) (a), (c) and (e), 35.17, the unnumbered subchapter title preceding
1635.18 , 35.18 (title) and (1), 35.19, 35.20, 35.23, the unnumbered subchapter
17title preceding 35.24 , 35.24 (1) (intro.), 35.24 (1) (a), 35.24 (1) (b) and (c), 35.24
1(3), the unnumbered subchapter title preceding 35.26 , the unnumbered
2subchapter title preceding 35.29 , 35.29 (1), 35.35 (1), 35.35 (3), 35.36 (1), the
3unnumbered subchapter title preceding 35.43, 35.43, 35.44, the unnumbered
4subchapter title preceding 35.56 , 35.56 (1), 35.56 (5), subchapter II (title) of
5chapter 35 [precedes 35.78] , 35.84 (figure) (symbols), 35.84 (figure) column A
6(title), 35.84 (figure) column B (title), 35.84 (figure) column C (title), 35.84
7(figure) column E (title), 35.84 (figure) column N (title), 35.85 (intro.), 35.85 (2),
835.85 (3) and (5), 35.87 (1), 35.89, 35.91 (2), 35.91 (3), 35.93 (title) and (1), 35.93
9(3), 35.93 (4), 35.93 (5), 35.93 (8), 227.14 (2) (a), 227.19 (6) (a) (intro.), 227.22 (2)
10(d), 227.24 (1) (e) 1., 227.26 (2) (g) (intro.), 601.423 (2), 889.01 and 985.08 (2) (b);
11to repeal and recreate 35.001 (4); and
to create 13.92 (1) (e) 4m., 13.92 (2)
12(i), 13.93 (3) (e), 16.971 (6) (b), 35.001 (2g) and (2r), 35.001 (5), 35.18 (4), 35.185,
1335.24 (4), 35.25, 35.56 (6), 35.84 (figure) column O, 35.84 (figure) column P,
1435.91 (1) (b) and (c), 35.91 (1g), 35.91 (1m) and 35.91 (1r) of the statutes;
15relating to: various changes in the laws regulating state printing; legislative
16document production and distribution; production, maintenance, distribution
17and sale of WisLaw; production, maintenance, distribution and sale of the Blue
18Book and other publications of the legislative reference bureau in
19computer-readable format; retitling of the Wisconsin Statutes; copyrighting of
20editorial material in the Wisconsin Statutes and Annotations, WisLaw and the
21Blue Book; computer data bases containing the Wisconsin Statutes and
22Annotations and the Blue Book; the price of the Wisconsin Statutes and
23Annotations; information concerning corrections to the Wisconsin Statutes and
1WisLaw; and access to certain public records in electronic format and computer
2data 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
1Section
1. 13.093 (2) (a) of the statutes is amended to read:
SB637,8,52
13.093
(2) (a) Any bill making an appropriation and any bill increasing or
3decreasing existing appropriations or state or general local government fiscal
4liability or revenues shall, before any vote is taken thereon by either house of the
5legislature if the bill is not referred to a standing committee, or before any public
6hearing is held before any standing committee or, if no public hearing is held, before
7any vote is taken by the committee, incorporate a reliable estimate of the anticipated
8change in appropriation authority or state or general local government fiscal liability
9or revenues under the bill, including to the extent possible a projection of such
10changes in future biennia. For purposes of this paragraph, a bill increasing or
11decreasing the liability or revenues of the unemployment reserve fund is considered
12to increase or decrease state fiscal liability or revenues. Except as otherwise
13provided by joint rules of the legislature, such estimates shall be made by the
14department or agency administering the appropriation or fund or collecting the
1revenue. The joint survey committee on retirement systems shall prepare the fiscal
2estimate with respect to the provisions of any bill referred to it which create or modify
3any system for, or make any provision for, the retirement of or payment of pensions
4to public officers or employes. When a fiscal estimate is prepared after the bill has
5been introduced, it shall be
printed reproduced and distributed as are amendments.
SB637, s. 2
6Section
2. 13.096 (2) (b) of the statutes is amended to read:
SB637,8,107
13.096
(2) (b) A bill that requires a report by the department under this section
8shall have that requirement
noted displayed on its jacket when the jacket is
9prepared. When a bill that requires a report under this section is introduced, the
10legislative reference bureau shall submit a copy of the bill to the department.
SB637, s. 3
11Section
3. 13.096 (2) (c) of the statutes is amended to read:
SB637,8,1712
13.096
(2) (c) The report prepared under this section shall be
printed 13reproduced as an appendix to that applicable bill and shall be distributed in the same
14manner as amendments. The report shall be distributed before any vote is taken on
15the bill by either house of the legislature if the bill is not referred to a standing
16committee, or before any public hearing is held before any standing committee or, if
17no public hearing is held, before any vote is taken by the committee.
SB637, s. 4
18Section
4. 13.097 (2) (c) of the statutes is amended to read:
SB637,8,2319
13.097
(2) (c) Legislation that requires a report by the department under this
20section shall have that requirement
noted displayed on its jacket when the jacket is
21prepared. When legislation that requires a report under this section receives a jacket
22to be introduced or offered, the legislative reference bureau shall submit a copy of the
23legislation to the department.
SB637, s. 5
24Section
5. 13.097 (2) (d) of the statutes is amended to read:
SB637,9,2
113.097
(2) (d) The report shall be
printed reproduced as an appendix to that
2applicable bill and shall be distributed in the same manner as amendments.
SB637, s. 6
3Section
6. 13.17 of the statutes is amended to read:
SB637,9,8
413.17 Journals. A journal of the senate and assembly shall be prepared under
5the direction of the chief clerks of the respective houses. When completed, each
6journal shall be
printed reproduced as provided by law. The chief clerk of each house
7shall certify one copy of such journal to the secretary of state for deposit. The
printed 8journals shall be the official record of each house of the legislature.
SB637, s. 7
9Section
7. 13.50 (6) (b) of the statutes is amended to read:
SB637,9,1610
13.50
(6) (b) No bill or amendment thereto creating or modifying any system
11for the retirement of public employes shall be considered by either house until the
12written report required by par. (a) and the actuarial opinion ordered under par. (am),
13if any, have been submitted to the chief clerk. Each such bill or amendment shall
14then be referred to a standing committee of the house in which introduced. The
15report of the joint survey committee and actuarial opinion, if any, shall be
printed 16reproduced as an appendix to the bill and attached thereto as are amendments.
SB637, s. 8
17Section
8. 13.52 (6) of the statutes is amended to read:
SB637,9,2518
13.52
(6) Report. Upon the introduction in either house of the legislature of
19any proposal which affects any existing statute or creates any new statute relating
20to the exemption of any property or person from any state or local taxes or special
21assessments, such proposal shall at once be referred to the joint survey committee
22on tax exemptions by the presiding officer instead of to a standing committee, and
23such proposal shall not be considered further by either house until the joint survey
24committee on tax exemptions has submitted a report, in writing, setting forth an
25opinion on the legality of the proposal, the fiscal effect upon the state and its
1subdivisions and its desirability as a matter of public policy and such report has been
2printed reproduced as an appendix to the bill and attached thereto as are
3amendments. Such
printing reproduction shall be in lieu of inclusion in the daily
4journal of the house in which the bill was introduced.
SB637, s. 9
5Section
9. 13.92 (1) (a) 5. of the statutes is amended to read:
SB637,10,96
13.92
(1) (a) 5. Prepare copy for the
biennial Wisconsin Blue Book
under s.
735.24 and, if the Blue Book is produced in computer-readable format under s. 35.25
8(1), prepare and maintain computer data bases containing the Wisconsin Blue Book
9under s. 35.25.
SB637, s. 10
10Section
10. 13.92 (1) (b) 2. of the statutes is amended to read:
SB637,10,1411
13.92
(1) (b) 2. Prepare in plain language an analysis of each original measure,
12to be
printed reproduced with the measure when it is introduced. On the
printed 13measure, the analysis shall be displayed single-spaced between the title and the
14enacting clause.
SB637, s. 11
15Section
11. 13.92 (1) (b) 3. a. of the statutes is amended to read:
SB637,10,2416
13.92
(1) (b) 3. a. Promptly after the passage of any bill, any joint resolution
17amending the constitution, or any other resolution determined by the chief clerks to
18require enrollment and, in the case of a bill, before it is presented to the governor for
19approval, the chief clerk of the house in which the measure originated shall deliver
20the jacket to the bureau which shall enroll the proposal and return the jacket and the
21required number of copies, including a
camera-ready copy of any proposed
22constitutional amendment and each resolution requiring newspaper publication
in
23a format suitable for such publication, to the chief clerk. The
camera-ready original
24copy of
the each enrolled proposal shall be retained in the bureau.
SB637, s. 12
25Section
12. 13.92 (1) (b) 3. c. of the statutes is amended to read:
SB637,11,2
113.92
(1) (b) 3. c. Each enrolled proposal, or
printed reproduced copy thereof,
2shall carry a heading "State of Wisconsin" as do bills and joint resolutions.
SB637, s. 13
3Section
13. 13.92 (1) (b) 4. of the statutes is amended to read:
SB637,11,174
13.92
(1) (b) 4. Publish each act on its date of publication. Upon receipt of notice
5from the secretary of state under s. 14.38 (10) (a), the bureau shall enter the act
6number, date of enactment and date of publication of each act on
the camera-ready 7a copy
of the act prepared in a format suitable for publication and deliver
it or
8transmit the copy to the
contract printer department of administration for
9reproduction. The copy shall identify material deleted from existing law by stricken
10type, and material inserted into existing law by underscored type. In any act
11published "vetoed in part", the material subject to the veto shall be displayed in full
12but shall be identified by distinguishing marks. The bureau shall make copies
13available on or before the date of publication of the act. The number of copies
printed,
14and the reproduced shall be as provided in the joint rules and as further determined
15by the chief clerk of the house in which the act originated. The quality of paper used
, 16shall be as provided in the joint rules and as further determined by the joint
17committee on legislative organization.
SB637, s. 14
18Section
14. 13.92 (1) (b) 5. of the statutes is renumbered 13.93 (1) (q) and
19amended to read:
SB637,11,2220
13.93
(1) (q)
In cooperation with the revisor of statutes, Shall prepare a
21biennial list of numerical cross-references in the statutes to other parts of the
22statutes.
SB637, s. 15
23Section
15. 13.92 (1) (e) 1. and 2. of the statutes are amended to read:
SB637,11,2524
13.92
(1) (e) 1. Providing
printing and duplicating document reproduction 25services to the legislature and its service agencies.
SB637,12,2
12.
Printing Reproduction of legislative proposals or amendments and, when so
2ordered by either house, engrossed or enrolled proposals, under s. 35.05.
SB637, s. 16
3Section
16. 13.92 (1) (e) 4m. of the statutes is created to read:
SB637,12,54
13.92
(1) (e) 4m. Production of the Wisconsin Blue Book and other publications
5of the bureau in computer-readable format under s. 35.25.
SB637, s. 17
6Section
17. 13.92 (2) (c) of the statutes is amended to read:
SB637,12,77
13.92
(2) (c) Serve as editor of the
biennial Wisconsin Blue Book.
SB637, s. 18
8Section
18. 13.92 (2) (i) of the statutes is created to read:
SB637,12,129
13.92
(2) (i) Approve specifications and scheduling for computer data bases
10containing the Blue Book and the materials to be provided to state agencies under
11s. 35.25 (9), and for the printing of the Blue Book as prescribed in ss. 16.971 (6) (b)
12and 35.24.
SB637, s. 19
13Section
19. 13.93 (1) (intro.) of the statutes is amended to read:
SB637,12,17
1413.93
(1) Duties of the bureau. (intro.) The revisor of statutes bureau shall
15prepare
and maintain computer data bases and prepare copy for the biennial
16Wisconsin
statutes Statutes and Annotations and the production of WisLaw under
17s. 35.185, and for
this purpose these purposes it:
SB637, s. 20
18Section
20. 13.93 (1) (a), (c) and (p) of the statutes are amended to read: