27,317
Section 317
. 16.61 (2) (b) (intro.) of the statutes is amended to read:
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:
27,318
Section 318
. 16.61 (2) (bm) of the statutes is amended to read:
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.
27,319
Section 319
. 16.61 (3) (b) of the statutes is amended to read:
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.
27,320
Section 320
. 16.61 (3) (c) of the statutes is amended to read:
16.61 (3) (c) Shall May promulgate rules to carry out the purposes of this section.
27,321
Section 321
. 16.61 (3) (h) of the statutes is repealed.
27,322
Section 322
. 16.61 (3) (i) of the statutes is repealed.
27,323
Section 323
. 16.61 (3) (j) of the statutes is amended to read:
16.61 (3) (j) Shall establish a records and forms management program for this state.
27,324
Section 324
. 16.61 (3) (k) of the statutes is renumbered 16.971 (2) (am) and amended to read:
16.971 (2) (am) Shall make
Make as cost effective as possible the procurement and use of forms by state agencies.
27,325
Section 325
. 16.61 (3) (L) of the statutes is amended to read:
16.61 (3) (L) Shall receive and investigate complaints about forms, except as provided in sub. (3m)
(3n).
27,326
Section 326
. 16.61 (3) (p) of the statutes is renumbered 16.61 (3L) and amended to read:
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.
27,327
Section 327
. 16.61 (3) (q) of the statutes is repealed.
27,328
Section 328
. 16.61 (3) (tm) of the statutes is created to read:
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.
27,329
Section 329
. 16.61 (3) (v) of the statutes is repealed.
27,330
Section 330
. 16.61 (3m) (title) of the statutes is repealed.
27,331
Section 331
. 16.61 (3m) of the statutes is renumbered 16.971 (2m), and 16.971 (2m) (intro), as renumbered, is amended to read:
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:
27,332
Section 332
. 16.61 (3n) of the statutes is created to read:
16.61 (3n) Exempt forms. The board may not receive or investigate complaints about the forms specified in s. 16.971 (2m).
27,333
Section 333
. 16.61 (5) (title) of the statutes is amended to read:
16.61 (5) (title) Transfer of public records to optical disk or electronic format.
27,334
Section 334
. 16.61 (5) (a) of the statutes is amended to read:
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.
27,335
Section 335
. 16.61 (5) (b) of the statutes is amended to read:
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).
27,336
Section 336
. 16.61 (5) (c) of the statutes is amended to read:
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.
27,337
Section 337
. 16.61 (7) (a) (intro.) of the statutes is amended to read:
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:
27,338
Section 338
. 16.61 (7) (a) 1. of the statutes is amended to read:
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.
27,339
Section 339
. 16.61 (7) (a) 2. of the statutes is amended to read:
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.
27,340
Section 340
. 16.61 (7) (a) 5. of the statutes is amended to read:
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.
27,341
Section 341
. 16.61 (8) (a) of the statutes is amended to read:
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.
27,342
Section
342. 16.61 (8) (b) of the statutes is amended to read:
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.
27,343
Section 343
. 16.61 (9) of the statutes is amended to read:
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.
27,344
Section 344
. 16.61 (10) of the statutes is amended to read:
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.
27,345
Section 345
. 16.61 (11) of the statutes is amended to read:
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).
27,346
Section 346
. 16.61 (12) of the statutes is amended to read:
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.
27,347
Section 347
. 16.61 (13) (d) 1. of the statutes is amended to read:
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.
27,348
Section 348
. 16.611 (title) of the statutes is amended to read:
16.611 (title) State public records; optical disk and electronic storage.
27,349
Section 349
. 16.611 (2) (a) of the statutes is amended to read:
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.
27,350
Section 350
. 16.611 (2) (b) of the statutes is amended to read:
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).
27,351
Section 351
. 16.611 (2) (d) of the statutes is created to read:
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.
27,352
Section 352
. 16.611 (3) of the statutes is amended to read:
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.
27,353
Section 353
. 16.612 (title) of the statutes is amended to read:
16.612 (title) Local government records; optical disk and electronic storage standards.
27,354
Section 354
. 16.612 (2) of the statutes is renumbered 16.612 (2) (a) and amended to read:
16.612 (2) (a) The department shall prescribe, by rule, qualitative standards for optical disks and for copies of documents generated from optical disks used to store materials filed with local governmental units. Prior to submitting any such rule to the legislative council staff under s. 227.15 (1), the department shall refer the rule to the public records and forms board for its recommendations.
27,355
Section 355
. 16.612 (2) (b) of the statutes is created to read:
16.612 (2) (b) The department shall prescribe, by rule, qualitative standards for the storage of public records in electronic format and for copies of documents generated from electronically stored materials filed with local governmental units. Prior to submitting any such rule to the legislative council staff under s. 227.15 (1), the department shall refer the rule to the public records board for its recommendations.
27,356
Section 356
. 16.62 (1) (bm) of the statutes is amended to read:
16.62 (1) (bm) To operate an optical disk a storage facility for state agencies storage of public records in optical disk or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.
27,357
Section 357
. 16.62 (2) of the statutes is amended to read:
16.62 (2) The department may establish user charges for records storage and retrieval services, with any moneys collected to be credited to the appropriation account under s. 20.505 (1) (im) or (kg) (kd). Such charges shall be structured to encourage efficient utilization of the services.
27,358
Section 358
. 16.62 (3) of the statutes is amended to read:
16.62 (3) The department may establish user fees for the services of the public records and forms board. Any moneys collected shall be credited to the appropriation account under s. 20.505 (1) (kg)
(kd).
27,359
Section 359
. 16.70 (2) of the statutes is amended to read:
16.70 (2) “Authority" means a body created under ch. 231, 232, 233 or 234.
27,360
Section 360
. 16.701 of the statutes is created to read:
16.701 Subscription service. The department may provide a subscription service containing current information of interest to prospective vendors concerning state procurement opportunities. The department shall charge a fee for any such service. The department shall prescribe the amount of the fee by rule.
27,361
Section 361
. 16.702 of the statutes is created to read:
16.702 Contract administration fees. (1) The department shall by rule prescribe a contract administration fee to be paid for each state fiscal year by providers of materials, supplies, equipment or contractual services to agencies. Different contract administration fees may be assessed on the basis of different total dollar volumes of sales by providers to agencies within the fiscal year in which the fee is assessed or the preceding fiscal year.
(2) Except as authorized in sub. (3), no person may provide any materials, supplies, equipment or contractual services to any agency or agencies having an aggregate cost to the state exceeding $500 within any fiscal year unless that person has paid to the department the fee prescribed under sub. (1) for the fiscal year in which the materials, supplies, equipment or services are provided. If different fees are assessed under sub. (1) for different total dollar volumes of sales, no person may provide any materials, supplies, equipment or contractual services to any agency or agencies exceeding the dollar volume applicable to the fee which the person has paid under sub. (1) for the fiscal year in which the materials, supplies, equipment or services are provided.
(3) The department shall promulgate rules providing for:
(a) Administration and collection of the fee prescribed under sub. (1).
(b) Exemption of any class of providers from payment of the fee prescribed under sub. (1) if exemption of that class of providers is in the best interest of the state.
