AB150-engrossed,100,5
116.54
(9) (a) 1. "Agency" means an office, department, independent agency,
2institution of higher education, association, society or other body in state
3government created or authorized to be created by the constitution or any law, which
4is entitled to expend moneys appropriated by law, including the legislature and the
5courts, but not including an authority created in ch. 231
, 233 or 234.
AB150-engrossed,100,147
16.54
(9) (b)
An Except as provided in par. (bd), an indirect cost reimbursement
8may be utilized for administrative purposes, program purposes, funding of positions,
9payment of federal aid disallowances, or other purposes authorized by law. If an
10indirect cost reimbursement is not utilized for such a purpose, the head of the agency
11receiving the reimbursement shall request the department to transfer the
12reimbursement to the general fund as general purpose revenue — earned. All
13transfers and other expenditures are subject to approval of the secretary under s.
1416.50 (2) and the governor under this section.
AB150-engrossed,100,2116
16.54
(9) (bd) Unless the joint committee on finance approves, the department
17of health and social services may not expend, for administrative purposes, program
18purposes or funding of positions, amounts of indirect cost reimbursement from the
19appropriation under s. 20.435 (8) (pz) that exceed the estimated amount of
20expenditures shown for s. 20.435 (8) (pz) in the schedule under s. 20.005 (3) as
21published in the biennial budget act or as otherwise modified by the legislature.
AB150-engrossed,101,223
16.545
(9) To process applications for grants from the federal government upon
24request of any agency, as defined in s. 16.70 (1). The department may assess to an
1agency for whom it processes an application under this subsection a fee for the
2expenses incurred by the department in performing this service.
AB150-engrossed,101,4
416.61 (title)
Records and forms of state offices and other public records.
AB150-engrossed,101,106
16.61
(1) (title)
Public records and forms board. The public records
and forms 7board shall preserve for permanent use important state records,
prescribe policies
8and standards that provide an orderly method for the disposition of other state
9records and rationalize and make more cost-effective the management of
forms and 10records by state agencies.
AB150-engrossed,101,1212
16.61
(2) (a) "Board" means the public records
and forms board.
AB150-engrossed,101,1515
16.61
(2) (af) "Form" has the meaning specified in s. 16.97 (5m).
AB150-engrossed, s. 316
18Section
316. 16.61 (2) (ap) of the statutes is renumbered 16.97 (8m) and
19amended to read:
AB150-engrossed,101,2120
16.97
(8m) "Public contact form" means a form generated and used by any
state 21agency in transactions between the
state agency and a member of the public.
AB150-engrossed,102,323
16.61
(2) (b) (intro.) "Public records" means all books, papers, maps,
24photographs, films, recordings, optical disks
, electronically formatted documents or
25other documentary materials, regardless of physical form or characteristics, made,
1or received by any state agency or its officers or employes in connection with the
2transaction of public business, and documents of any insurer that is liquidated or in
3the process of liquidation under ch. 645. "Public records" does not include:
AB150-engrossed,102,85
16.61
(2) (bm) "Records and forms officer" means a person designated by a state
6agency to
design, review, analyze, consolidate, simplify and file comply with all
7public records and forms
management laws and rules under s. 15.04 (1) (j) and to act
8as a liaison between that state agency and the board.
AB150-engrossed,102,1510
16.61
(3) (b) Upon the request of any state agency, county, town, city, village
11or school district, may order upon such terms as the board finds necessary to
12safeguard the legal, financial and historical interests of the state in public records,
13the destruction, reproduction by microfilm or other process,
storage by optical disk
, 14or electronic storage or the temporary or permanent retention or other disposition
15of public records.
AB150-engrossed,102,1817
16.61
(3) (c)
Shall May promulgate rules to carry out the purposes of this
18section.
AB150-engrossed,102,2322
16.61
(3) (j) Shall establish a records
and forms management program for this
23state.
AB150-engrossed, s. 324
24Section
324. 16.61 (3) (k) of the statutes is renumbered 16.971 (2) (am) and
25amended to read:
AB150-engrossed,103,2
116.971
(2) (am)
Shall make
Make as cost effective as possible the procurement
2and use of forms by
state agencies.
AB150-engrossed,103,54
16.61
(3) (L) Shall receive and investigate complaints about forms, except as
5provided in sub.
(3m) (3n).
AB150-engrossed,103,228
16.61
(3L) (title)
Executive secretary. Shall The department shall, with the
9consent of the board and based on qualifications approved by the board, appoint an
10official in the classified service to oversee the day-to-day execution of the board's
11duties, to serve as the executive secretary of the board
, and to coordinate the
12statewide records
and forms management program
and to have statewide
13responsibility for limiting paperwork. Except as provided in sub. (3m), the executive
14secretary shall review and approve, modify or reject all forms approved by a records
15and forms officer for jurisdiction, authority, standardization of design and
16nonduplication of existing forms and shall report to the board quarterly on the
17progress of records and forms management within state agencies. Unless the
18executive secretary rejects for cause or modifies the form within 20 working days
19after receipt, it is considered approved. The executive secretary's rejection of any
20form is appealable to the public records and forms board. If the head of a state agency
21certifies to the executive secretary that the form is needed on a temporary, emergency
22basis, approval of the executive secretary is not required.
AB150-engrossed,104,3
116.61
(3) (tm) Shall recommend to the department qualitative standards for
2storage of records in electronic format and for copies of documents generated from
3electronically stored records filed with local governmental units.
AB150-engrossed, s. 331
6Section
331. 16.61 (3m) of the statutes is renumbered 16.971 (2m), and 16.971
7(2m) (intro), as renumbered, is amended to read:
AB150-engrossed,104,98
16.971
(2m) (intro.) The following forms are not subject to review
, or approval
9or complaint investigation by the board or executive secretary by the department:
AB150-engrossed,104,1211
16.61
(3n) Exempt forms. The board may not receive or investigate complaints
12about the forms specified in s. 16.971 (2m).
AB150-engrossed,104,1514
16.61
(5) (title)
Transfer of public records to optical disk or electronic
15format.
AB150-engrossed,104,2017
16.61
(5) (a) Subject to rules promulgated by the department under s. 16.611,
18any state agency may transfer
any public record in its custody to
or maintain in 19optical disk
or electronic format
any public record in its custody and retain the public
20record in that format only.
AB150-engrossed,104,2522
16.61
(5) (b) Subject to rules promulgated by the department under s. 16.611,
23state agencies shall maintain procedures to ensure the authenticity, accuracy,
24reliability and accessibility of public records transferred to
or maintained in optical
25disk
or electronic format under par. (a).
AB150-engrossed,105,52
16.61
(5) (c) Subject to rules promulgated by the department under s. 16.611,
3state agencies that transfer
public records in their custody to
or maintain in optical
4disk
or electronic format
public records in their custody shall ensure that the public
5records stored in that format are protected from unauthorized destruction.
AB150-engrossed,105,97
16.61
(7) (a) (intro.) Any microfilm reproduction of an original record, or a copy
8generated from an original record stored in optical disk
or electronic format, is
9deemed an original public record if all of the following conditions are met:
AB150-engrossed,105,1311
16.61
(7) (a) 1. Any device used to reproduce the record on film or to transfer
12the record to optical disk
or electronic format and generate a copy of the record from
13optical disk
or electronic format accurately reproduces the content of the original.
AB150-engrossed,105,1915
16.61
(7) (a) 2. The reproduction is on film which complies with the minimum
16standards of quality for microfilm reproductions, as established by rule of the board,
17or the optical disk
or electronic copy and the copy generated from optical disk
or
18electronic format comply with the minimum standards of quality for such copies, as
19established by rule of the department under s. 16.611.
AB150-engrossed,106,721
16.61
(7) (a) 5. The state agency records and forms officer or other person
22designated by the head of the state agency or the custodian of any other record
23executes a statement of intent and purpose describing the record to be reproduced
24or transferred to optical disk
or electronic format, the disposition of the original
25record, the disposal authorization number assigned by the board for public records
1of state agencies, the enabling ordinance or resolution for cities, towns, villages or
2school districts, or the resolution which authorizes the reproduction
, or optical
3imaging
or electronic formatting for counties when required, and executes a
4certificate verifying that the record was received or created and microfilmed or
5transferred to optical disk
or electronic format in the normal course of business and
6that the statement of intent and purpose is properly recorded as directed by the
7board.
AB150-engrossed,106,149
16.61
(8) (a) Any microfilm reproduction of a public record meeting the
10requirements of sub. (7) or copy of a public record generated from an original record
11stored in optical disk
or electronic format in compliance with this section shall be
12taken as, stand in lieu of and have all the effect of the original document and shall
13be admissible in evidence in all courts and all other tribunals or agencies,
14administrative or otherwise, in all cases where the original document is admissible.
AB150-engrossed,106,2016
16.61
(8) (b) Any enlarged copy of a microfilm reproduction of a public record
17made as provided by this section or any enlarged copy of a public record generated
18from an original record stored in optical disk
or electronic format in compliance with
19this section that is certified by the custodian as provided in s. 889.08 shall have the
20same force as an actual-size copy.
AB150-engrossed,106,2522
16.61
(9) Preservation of reproductions. Provision shall be made for the
23preservation of any microfilm reproductions of public records and of any public
24records stored in optical disk
or electronic format in conveniently accessible files in
25the agency of origin or its successor or in the state archives.
AB150-engrossed,107,72
16.61
(10) Contracts for copying. Contracts for microfilm reproduction
or, 3optical imaging
or electronic storage of public records to be performed as provided in
4this section shall be made by the secretary as provided in ss. 16.70 to 16.77 and the
5cost of making such reproductions or optical disks
or of electronic storage shall be
6paid out of the appropriation of the state agency having the reproduction made
or the
7storage performed.
AB150-engrossed,107,159
16.61
(11) Authority to reproduce records. Nothing in this section shall be
10construed to prohibit the responsible officer of any state agency from reproducing
11any document by any method when it is necessary to do so in the course of carrying
12out duties or functions in any case other than where the original document is to be
13destroyed; but no original public record may be destroyed after microfilming
or, 14optical imaging
or electronic storage without the approval of the board unless
15authorized under sub. (4) or (5).
AB150-engrossed,107,2117
16.61
(12) Access to reproductions and copies. All persons may examine and
18use the microfilm reproductions of public records and copies of public records
19generated from optical disk
or electronic storage subject to such reasonable rules as
20may be made by the responsible officer of the state agency having custody of the
21same.
AB150-engrossed,108,1023
16.61
(13) (d) 1. Except as provided in subd. 2., records which have a
24confidential character while in the possession of the original custodian shall retain
25their confidential character after transfer to the historical society unless the board
1of curators of the historical society, with the concurrence of the original custodian or
2the custodian's legal successor, determines that the records shall be made accessible
3to the public under such proper and reasonable rules as the historical society
4promulgates. If the original custodian or the custodian's legal successor is no longer
5in existence, confidential records formerly in that person's possession may not be
6released by the board of curators unless the release is first approved by the public
7records
and forms board. For public records and other official materials transferred
8to the care of the university archival depository under par. (b), the chancellor of the
9university preserving the records shall have the power and duties assigned to the
10historical society under this section.
AB150-engrossed,108,12
1216.611 (title)
State public records; optical disk and electronic storage.
AB150-engrossed,108,1914
16.611
(2) (a) The department shall prescribe, by rule, procedures for the
15transfer of public records to optical disk
or electronic format
and for the maintenance
16of public records stored in optical disk or electronic format, including procedures to
17ensure the authenticity, accuracy, reliability and accessibility of public records so
18transferred and procedures to ensure that such public records are protected from
19unauthorized destruction.
AB150-engrossed,108,2221
16.611
(2) (b) The department shall prescribe, by rule, procedures governing
22the operation of its optical disk
and electronic storage facility under s. 16.62 (1) (bm).
AB150-engrossed,109,3
116.611
(2) (d) The department shall prescribe, by rule, qualitative standards
2for the storage of public records in electronic format and for copies of public records
3stored in electronic format.
AB150-engrossed,109,75
16.611
(3) Prior to submitting any proposed rule prescribed under sub. (2) to
6the legislative council staff under s. 227.15 (1), the department shall refer the
7proposed rule to the public records
and forms board for its recommendations.
