2015 Wisconsin Act 196

(c) Subject to rules promulgated by the department under s. 16.611, state agencies that transfer to or maintain in optical disk disc or electronic format public records in their custody shall ensure that the public records stored in that format are protected from unauthorized destruction.

196,14 Section 14. 16.61 (7) (title) of the statutes is created to read:

16.61 (7) (title) Standards for reproduction of public records.

Note: The other subsections in s. 16.61 have titles.

196,15 Section 15. 16.61 (7) (a) (intro.), 1., 2., 4. and 5. of the statutes are 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 disc or electronic format, is deemed an original public record if all of the following conditions are met:

1. Any device used to reproduce the record on film or to transfer the record to optical disk disc or electronic format and generate a copy of the record from optical disk disc or electronic format accurately reproduces the content of the original.

2. The reproduction is on film which that complies with the minimum standards of quality for microfilm reproductions, as established by rule of the board, or the optical disk disc or electronic copy and the copy generated from optical disk disc or electronic format comply with the minimum standards of quality for such copies, as established by rule of the department under s. 16.611.

4. The record is arranged, identified, and indexed so that any individual document or component of the record can be located with the use of proper equipment.

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 disc 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 that authorizes the reproduction, 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 disc 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.

196,16 Section 16. 16.61 (8) (a) and (b) of the statutes are 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 disc 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.

(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 disc 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.

196,17 Section 17. 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 disc or electronic format in conveniently accessible files in the agency of origin or its successor or in the state archives.

196,18 Section 18. 16.61 (10) of the statutes is amended to read:

16.61 (10) Contracts for copying. Contracts for microfilm reproduction, 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 discs or of electronic storage shall be paid out of the appropriation of the state agency having the reproduction made or the storage performed.

196,19 Section 19. 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 disc 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.

196,20 Section 20. 16.611 (title) of the statutes is amended to read:

16.611 (title) State public records; optical disk disc and electronic storage.

196,21 Section 21. 16.611 (2) (a), (b) and (c) of the statutes are amended to read:

16.611 (2) (a) The department shall prescribe, by rule, procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority and of the Wisconsin Aerospace Authority to optical disk disc or electronic format and for the maintenance of such records stored in optical disk disc or electronic format, including procedures to ensure the authenticity, accuracy, reliability, and accessibility of any public records or records of the University of Wisconsin Hospitals and Clinics Authority or of the Wisconsin Aerospace Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction.

(b) The department shall prescribe, by rule, procedures governing the operation of its optical disk disc and electronic storage facility under s. 16.62 (1) (bm).

(c) The department shall prescribe, by rule, qualitative standards for optical disks discs and for copies of documents generated from optical disks discs used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority and of the Wisconsin Aerospace Authority.

196,22 Section 22. 16.612 (title) of the statutes is amended to read:

16.612 (title) Local government records; optical disk disc and electronic storage standards.

196,23 Section 23. 16.612 (2) (a) of the statutes is amended to read:

16.612 (2) (a) The department shall prescribe, by rule, qualitative standards for optical disks discs and for copies of documents generated from optical disks discs 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 board for its recommendations.

196,24 Section 24. 16.62 (1) (bm) of the statutes is amended to read:

16.62 (1) (bm) To operate a storage facility for storage of public records and records of the University of Wisconsin Hospitals and Clinics Authority in optical disk disc or electronic format in accordance with rules, promulgated by the department under s. 16.611, governing operation of the facility.

196,25 Section 25. 19.32 (2) of the statutes is amended to read:

19.32 (2) "Record" means any material on which written, drawn, printed, spoken, visual, or electromagnetic information or electronically generated or stored data is recorded or preserved, regardless of physical form or characteristics, which that has been created or is being kept by an authority. "Record" includes, but is not limited to, handwritten, typed, or printed pages, maps, charts, photographs, films, recordings, tapes, optical disks discs, and any other medium on which electronically generated or stored data is recorded or preserved. "Record" does not include drafts, notes, preliminary computations, and like materials prepared for the originator's personal use or prepared by the originator in the name of a person for whom the originator is working; materials which that are purely the personal property of the custodian and have no relation to his or her office; materials to which access is limited by copyright, patent, or bequest; and published materials in the possession of an authority other than a public library which that are available for sale, or which that are available for inspection at a public library.

196,26 Section 26. 19.42 (2) of the statutes is amended to read:

19.42 (2) "Associated", " when used with reference to an organization, includes any organization in which an individual or a member of his or her immediate family is a director, officer, or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 10% 10 percent of the outstanding equity or of which an individual or a member of his or her immediate family is an authorized representative or agent.

Note: Conforms punctuation to current style.

196,27 Section 27. 20.144 (1) (h) of the statutes is amended to read:

20.144 (1) (h) Gifts, grants, settlements, and publications. All moneys received from gifts, grants, bequests, forfeitures under s. 426.203, and settlements for the purposes for which made or received and all moneys received by the department as fees or other charges for photocopying, microfilm copying, generation of copies of documents from optical disk disc storage, sales of books, and other services provided in carrying out the functions of the department, for the purposes for which the moneys were received or collected.

196,28 Section 28. 20.285 (2) (j) (title) of the statutes is created to read:

20.285 (2) (j) (title) Special counsel; lapses.

Note: The other paragraphs in s. 20.285 (2) have titles.

196,29 Section 29. 20.575 (1) (ka) of the statutes is amended to read:

20.575 (1) (ka) Agency collections. The amounts in the schedule for photocopying and microfilm copying of documents, generation of copies of documents from optical disk disc or electronic storage, publication of books, and other services provided in carrying out the functions of the office. All moneys received by the office as fees or other charges for photocopying, microfilm copying, generation of copies of documents from optical disk disc or electronic storage, sales of books, and other services provided in carrying out the functions of the office shall be credited to this appropriation.

196,30 Section 30. 20.680 (2) (L) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

20.680 (2) (L) Library collections and services. All moneys received by the state law library as fees or other charges for photocopying, microfilm copying, generation of copies of documents from optical disk disc or electronic storage, computer services, sales of books, and other services provided in carrying out the functions of the library under s. 758.01 (2) to provide photocopying and microfilm copying of documents, generation of copies of documents from optical disk disc or electronic storage, publication of books, computer services, and other services.

196,31 Section 31. 20.765 (3) (a) of the statutes is repealed.

Note: This provision provided an appropriation for the Revisor of Statutes Bureau, which no longer exists.

196,32 Section 32. 23.321 (2) (c) 1. and (2m) of the statutes are amended to read:

23.321 (2) (c) 1. The date on which the department enters into a memorandum of agreement with the U.S. Army Corps army corps of Engineers engineers as specified in sub. (2m).

(2m) Memorandum of agreement. The department shall negotiate with the U.S. Army Corps army corps of Engineers engineers to enter into a memorandum of agreement that provides that the U.S. Army Corps army corps of Engineers engineers will concur with any wetland confirmation provided by the department under sub. (2) (c).

Note: Conforms capitalization to current style.

196,33 Section 33. 24.39 (4) (d) of the statutes is amended to read:

24.39 (4) (d) This subsection applies only to Lake Michigan and Lake Superior, the Mississippi and St. Croix rivers, the Fox River from Green Bay upstream to the point where it meets the Wolf River, and to the segments of all other bodies of water in which the U.S. Army Corps army corps of Engineers engineers provides and maintains commercial navigation channels.

Note: Conforms capitalization to current style.

196,34 Section 34. 28.035 (3) (title) of the statutes is repealed.

Note: No other subsections in s. 28.035 have titles.

196,35 Section 35. 29.334 (2) (title) of the statutes is repealed.

Note: No other subsections in s. 29.334 have titles.

196,36 Section 36. 30.11 (5) (a) of the statutes is amended to read:

30.11 (5) (a) Prior to the execution of any lease by the board of commissioners of public lands concerning rights to submerged lands or rights to fill in submerged lands held in trust for the public under s. 24.39, the department shall determine whether the proposed physical changes in the area as a result of the execution of the lease are consistent with the public interest. Thirty days before making its determination, the department shall notify, in writing, the clerk of the county and clerk of the city, village, or town in which the changes are proposed and the U.S. Army Corps army corps of Engineers engineers of the application for the lease. In making its finding the department shall give consideration to all reports submitted to it. The department shall not approve a lease applied for under s. 24.39 (4) (a) 2. if the department determines that the lease may threaten excessive destruction of wildlife habitat.

Note: Conforms capitalization to current style.

196,37 Section 37. 32.05 (3m) of the statutes is renumbered 32.05 (3m) (a) and amended to read:

32.05 (3m) (a) In this section subsection, "uneconomic remnant" means the property remaining after a partial taking of property, if the property remaining is of such size, shape, or condition as to be of little value or of substantially impaired economic viability.

(b) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer to acquire the remnant concurrently and may acquire it by purchase or by condemnation if the owner consents.

Note: Conforms provision to current style by separating a definition from a substantive provision and limiting the application of the definition to only the part of the section in which the defined term appears.

196,38 Section 38. 32.06 (3m) (title) of the statutes is repealed and recreated to read:

32.06 (3m) (title) Uneconomic remnant.

Note: Adopts the more descriptive title of the identical s. 32.05 (3m). The prior title read: "Definition."

196,39 Section 39. 32.06 (3m) of the statutes is renumbered 32.06 (3m) (a) and amended to read:

32.06 (3m) (a) In this section subsection, "uneconomic remnant" means the property remaining after a partial taking of property, if the property remaining is of such size, shape, or condition as to be of little value or of substantially impaired economic viability.

(b) If acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer to acquire the remnant concurrently and may acquire it by purchase or by condemnation if the owner consents.

Note: Conforms provision to current style by separating a definition from a substantive provision and limiting the application of the definition to only the part of the section in which the defined term appears.

196,40 Section 40. 35.001 (2m) of the statutes is amended to read:

35.001 (2m) "Printing" includes all public printing by means of graphic reproduction by whatever process and the necessary materials and binding. The term also includes reproduction of a document in optical disk disc format whenever the publishing state agency is authorized to reproduce and determines to reproduce copies of a document in optical disk disc format in lieu of printed format.

196,41 Section 41. 35.27 of the statutes is amended to read:

35.27 Limitation of editions of official reports. Within 60 calendar days after receiving final proof copy therefor, the department shall have printed and deliver editions of the reports mentioned in s. 35.26 and of any report required by law to be made to the governor or to the legislature if not otherwise limited. The department shall determine for any report the maximum number of copies and pages, or the length if authorized to be reproduced in optical disk disc format.

196,42 Section 42. 35.50 (1) of the statutes is amended to read:

35.50 (1) Specifications for state printing except class 1, including type style and size, page size, titles, paper, form, quality, quantity, binding, and method, or optical disk disc manufacturing specifications whenever reproduction in optical disk disc format is authorized, shall be as determined by the department unless specified by statute. Any state agency which that objects to such the department's determination may appeal the decision to the governor.

Note: Inserts a specific reference.

196,43 Section 43. 35.55 of the statutes is amended to read:

35.55 Editing printer's copy. Printer's copy must accompany every requisition. The editors of all state agencies may edit for themselves the matter and form of the contents of the printer's copy presented by them respectively to the department. All printer's copy which that does not conform to accepted trade practices, and, in the opinion of the department is unsatisfactory, shall be returned to its author for revision and correction. An optical disk disc copy may be substituted if the document being published is authorized to be reproduced in optical disk disc format.

196,44 Section 44. 35.57 of the statutes is amended to read:

35.57 Advertisement for bids. The department shall publish advertisements that sealed proposals for furnishing printing, during the next ensuing contract period, with all other material which that the department requires, will be received any time prior to a specified day, when all proposals will be publicly opened and read. The advertisements shall be run as class 2 notices, under ch. 985, in the official state paper. Separate advertisements may be used for publications authorized to be published in optical disk disc format.

196,45 Section 45. 44.015 (3) of the statutes is amended to read:

44.015 (3) Accept collections of private manuscripts, printed materials, tapes, films, optical disks discs, materials stored in electronic format, and artifacts, and it may enforce any reasonable restrictions on accessibility to the public, use, or duplication of said collections which that are agreed upon by the donor and the historical society.

196,46 Section 46. 44.02 (8) of the statutes is amended to read:

44.02 (8) Bind, except when microfilmed or transferred to optical disks discs or electronic format, the unbound books, documents, manuscripts, pamphlets, and especially newspaper files in its possession.

196,47 Section 47. 45.03 (8) (b) of the statutes is amended to read:

45.03 (8) (b) The benefits and aid provided under s. 45.20 (3) and s. 45.40 are not assignable and are exempt from garnishment and execution.