AB687: Bill Text

2015 Assembly BILL 687

January 12, 2016 - Introduced by Law Revision Committee. Referred to Committee on Rules.

AB687,1,2 An Act relating to: revising various provisions of the statutes to eliminate defects, anachronisms, and obsolete provisions (Revision Bill).

Analysis by the Legislative Reference Bureau

This revision bill, prepared by the Legislative Reference Bureau under s. 13.92 (1) (bm) 1. and 2. and (2) (L), stats., makes the spelling of "optical disc" uniform throughout the statutes, replaces percentage signs with "percent," replaces "which" with "that" where grammatically appropriate, and inserts serial commas to conform with current style. Additional changes are explained in the Notes in the body of the bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB687,1 Section 1. 6.97 (title) of the statutes is amended to read:

AB687,1,5 6.97 (title) Voting procedure for individuals not providing required proof of identification or residence.

Note: Conforms title to the subject matter of s. 6.97.

AB687,2 Section 2. 11.01 (3) (intro.) of the statutes is amended to read:

AB687,2,2 11.01 (3) (intro.) "Clearly identified"," when used with reference to a communication in support of or in opposition to a candidate, means:

Note: Conforms punctuation to current style.

AB687,3 Section 3. 13.488 (5) of the statutes is amended to read:

AB687,2,8 13.488 (5) Unless the context requires otherwise, the terms in this section, "building"," "new buildings ," and "existing buildings", as used in this section," include all buildings, structures, improvements, facilities, equipment , or other capital items as the building commission determines to be necessary or desirable for the purpose of providing housing for state departments and agencies.

Note: Conforms sentence structure and punctuation to current style.

AB687,4 Section 4. 13.489 (1c) (title) of the statutes is created to read:

AB687,2,10 13.489 (1c) (title) Definitions.

Note: The other subsections in s. 13.489 have titles.

AB687,5 Section 5. 14.02 of the statutes is amended to read:

AB687,2,16 14.02 Governor may appoint employees. Except as provided in s. 14.26 (5g), the The governor may appoint and fix the compensation of such employees as he or she deems necessary for the execution of the functions of the office of the governor and for the domestic service of the executive residence. The governor may remove any of the appointees appointed under this section at pleasure.

Note: Section 14.26 is repealed by this act.

AB687,6 Section 6. 14.26 of the statutes is repealed.

Note: Section 14.26 provides the duties of the sesquicentennial commission. By the terms of s. 14.26, the commission ceased to exist on July 1, 1999.

AB687,7 Section 7. 16.43 of the statutes is amended to read:

AB687,3,7 16.43 Budget compiled. The secretary shall compile and submit to the governor or the governor-elect and to each person elected to serve in the legislature during the next biennium, not later than November 20 of each even-numbered year, a compilation giving all of the data required by s. 16.46 to be included in the state budget report, except the recommendations of the governor and the explanation thereof. The secretary shall not include in the compilation any provision for the development or implementation of an information technology development project for an executive branch agency that is not consistent with the strategic plan of the agency, as approved under s. 16.976. The secretary may distribute the budget compilation in printed or optical disk disc format.

AB687,8 Section 8. 16.45 of the statutes is amended to read:

AB687,3,20 16.45 Budget message to legislature. In each regular session of the legislature, the governor shall deliver the budget message to the 2 houses in joint session assembled. Unless a later date is requested by the governor and approved by the legislature in the form of a joint resolution, the budget message shall be delivered on or before the last Tuesday in January of the odd-numbered year. With the message the governor shall transmit to the legislature, as provided in ss. 16.46 and 16.47, the biennial state budget report and the executive budget bill or bills together with suggestions for the best methods for raising the needed revenues. The governor may distribute the biennial state budget report in printed or optical disk disc format or post the biennial state budget report on the Internet, except that, if requested by a member of the legislature, the governor shall provide the member with a printed copy of the biennial state budget report.

AB687,9 Section 9. 16.61 (2) (b) (intro.) of the statutes is amended to read:

AB687,4,3 16.61 (2) (b) (intro.) "Public records" means all books, papers, maps, photographs, films, recordings, optical disks discs, electronically formatted documents, or other documentary materials, regardless of physical form or characteristics, made, or received by any state agency or its officers or employees 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:

Note: Deletes incorrect comma.

AB687,10 Section 10. 16.61 (3) (b) of the statutes is amended to read:

AB687,4,10 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, optical disk disc or electronic storage or the temporary or permanent retention or other disposition of public records.

AB687,11 Section 11. 16.61 (3) (s) of the statutes is amended to read:

AB687,4,21 16.61 (3) (s) Shall recommend to the department procedures for the transfer of public records and records of the University of Wisconsin Hospitals and Clinics Authority to optical disk disc format, including procedures to ensure the authenticity, accuracy, and reliability of any public records or records of the University of Wisconsin Hospitals and Clinics Authority so transferred and procedures to ensure that such records are protected from unauthorized destruction. The board shall also recommend to the department qualitative standards for optical disks discs and copies of documents generated from optical disks discs used to store public records and records of the University of Wisconsin Hospitals and Clinics Authority.

AB687,12 Section 12. 16.61 (3) (t) of the statutes is amended to read:

AB687,5,3 16.61 (3) (t) Shall recommend to the department 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.

AB687,13 Section 13. 16.61 (5) of the statutes is amended to read:

AB687,5,8 16.61 (5) Transfer of public records to optical disk disc or electronic format. (a) Subject to rules promulgated by the department under s. 16.611, any state agency may transfer to or maintain in optical disk disc or electronic format any public record in its custody and retain the public record in that format only.

AB687,5,12 (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 disc or electronic format under par. (a).

AB687,5,16 (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.

AB687,14 Section 14. 16.61 (7) (title) of the statutes is created to read:

AB687,5,18 16.61 (7) (title) Standards for reproduction of public records.

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

AB687,15 Section 15. 16.61 (7) (a) (intro.), 1., 2., 4. and 5. of the statutes are amended to read:

AB687,5,23 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:

AB687,6,3 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.

AB687,6,8 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.

AB687,6,11 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.

AB687,6,22 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.

AB687,16 Section 16. 16.61 (8) (a) and (b) of the statutes are amended to read:

AB687,7,4 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.

AB687,7,9 (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.

AB687,17 Section 17. 16.61 (9) of the statutes is amended to read:

AB687,7,14 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.

AB687,18 Section 18. 16.61 (10) of the statutes is amended to read:

AB687,7,21 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.

AB687,19 Section 19. 16.61 (12) of the statutes is amended to read:

AB687,8,2 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.

AB687,20 Section 20. 16.611 (title) of the statutes is amended to read:

AB687,8,5 16.611 (title) State public records; optical disk disc and electronic storage.

AB687,21 Section 21. 16.611 (2) (a), (b) and (c) of the statutes are amended to read:

AB687,8,15 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.

AB687,8,17 (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).

AB687,8,21 (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.

AB687,22 Section 22. 16.612 (title) of the statutes is amended to read:

AB687,8,24 16.612 (title) Local government records; optical disk disc and electronic storage standards.

AB687,23 Section 23. 16.612 (2) (a) of the statutes is amended to read:

AB687,9,5 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.

AB687,24 Section 24. 16.62 (1) (bm) of the statutes is amended to read:

AB687,9,10 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.

AB687,25 Section 25. 19.32 (2) of the statutes is amended to read:

AB687,9,25 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.

AB687,26 Section 26. 19.42 (2) of the statutes is amended to read:

AB687,10,7 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.

AB687,27 Section 27. 20.144 (1) (h) of the statutes is amended to read:

AB687,10,15 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.

AB687,28 Section 28. 20.285 (2) (j) (title) of the statutes is created to read:

AB687,10,17 20.285 (2) (j) (title) Special counsel; lapses.

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

AB687,29 Section 29. 20.575 (1) (ka) of the statutes is amended to read:

AB687,11,3 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.

AB687,30 Section 30. 20.680 (2) (L) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

AB687,11,12 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.

AB687,31 Section 31. 20.765 (3) (a) of the statutes is repealed.