1995 Wisconsin Act 27

27,6209 Section 6209 . 224.70 of the statutes is created to read:

224.70 Administration. This subchapter shall be administered by the department.

27,6210 Section 6210 . 224.72 (8) of the statutes is created to read:

224.72 (8) Fees. (a) Each applicant shall pay an initial registration fee of $39 to the department. If an examination is required, the applicant shall pay an examination fee, in an amount set by the department, in addition to the initial registration fee.

(b) An applicant for registration as a mortgage banker shall pay a temporary registration fee of $10 to the department.

(c) (intro.) The renewal dates and renewal fees for registrations are as follows:

(d) The fee for a transfer of a loan originator registration is $5.

27,6211b Section 6211b. 226.025 (3) of the statutes is amended to read:

226.025 (3) The appointment of the secretary of state department of financial institutions or the designation of a resident agent as attorney for the service of summons, notice, pleadings or process under s. 180.1507 shall be applicable only to actions or proceedings against the foreign corporations described in this section (unless such corporations have been admitted to this state for purposes other than those mentioned in this section) where the cause of action or proceeding arises out of transactions between such foreign corporations and public utilities operating in this state with which such foreign corporations are affiliated; and to actions or proceedings by or before the public service commission or office of the commissioner of railroads involving the transactions described in sub. (1), or involving the relation between such foreign corporations and public utilities operating in this state with which they are affiliated.

27,6212b Section 6212b. 226.14 (1) of the statutes is amended to read:

226.14 (1) No common law trust organized in this state, and no such trust formed or organized under or by authority of the laws of any state or foreign jurisdiction, for the purpose of doing business under a declaration of trust which shall have issued to five or more persons, or which shall sell or propose to sell beneficial interests, certificates or memberships therein, shall transact business, or acquire, hold or dispose of property in this state until the trustees named in said declaration of trust shall have caused to be filed in the office of the secretary of state with the department of financial institutions the original declaration of trust, or a true copy thereof, and all amendments which may be made, verified as such by the affidavits of two of the signers thereof. A like verified copy of the declaration and such amendments, and a certificate of the secretary of state department of financial institutions, showing the date when such declaration was filed and accepted by the secretary of state department of financial institutions within thirty days of such filing and acceptance, shall be recorded with the register of deeds of the county in which such trust has its principal office or place of business in this state. No such trust shall transact business in this state until such declaration or such copy thereof be left for record. The register of deeds shall forthwith transmit to the secretary of state department of financial institutions a certificate stating the time when such copy was recorded and shall be entitled to a fee of twenty-five cents therefor, to be paid by the person presenting such papers for record. Upon receipt of such certificate the secretary of state department of financial institutions shall issue to said trustees a certificate of filing.

27,6213b Section 6213b. 226.14 (3) of the statutes is amended to read:

226.14 (3) Every such trust shall pay to the secretary of state department of financial institutions a filing fee of $50, and $15 for each subsequent amendment, together with a further fee of $1 for each $1,000 of beneficial certificates sold or offered for sale in this state.

27,6214b Section 6214b. 226.14 (4) (intro.) of the statutes is amended to read:

226.14 (4) (intro.) Every such trust shall file, accompanied by a filing fee of $5, in the office of the secretary of state with the department of financial institutions a verified statement on or before each March 31, showing the names and addresses of each of the trustees; the nature of the business transacted during the preceding year; in what states such trust is operating; the amount and number of beneficial certificates sold in this state, or elsewhere; a statement as to the total amount of beneficial certificates outstanding. Any such report not filed before April 1, may be filed only upon payment to the secretary of state department of financial institutions of the following fees:

27,6215b Section 6215b. 226.14 (4) (c) of the statutes is amended to read:

226.14 (4) (c) If said report is not filed before the following January 1, the trust shall not be in good standing. Until it is restored to good standing the secretary of state department of financial institutions shall not accept for filing any documents respecting such trust except documents incident to its dissolution.

27,6216b Section 6216b. 226.14 (4) (d) of the statutes is amended to read:

226.14 (4) (d) The trust may be restored to good standing by delivering to the secretary of state department of financial institutions a current annual report conforming to the requirements of this section and by paying to the secretary of state department of financial institutions $10 for each calendar year or part thereof during which the trust has not been in good standing, not exceeding a total of $105.

27,6217b Section 6217b. 226.14 (5) of the statutes is amended to read:

226.14 (5) Every such trust shall file in the office of the secretary of state with the department of financial institutions the name of a trustee or trustees, if they designate more than one, resident in this state upon whom service may be made for and on behalf of said trust; or if none of such trustees reside in this state, then a statement shall be duly filed by the trustees appointing the secretary of state department of financial institutions as the agent to accept service of process in this state, which appointment shall continue so long as such trust has any liabilities outstanding in this state.

27,6218m Section 6218m. 227.01 (13) (v) of the statutes is amended to read:

227.01 (13) (v) Establishes procedures used for the determination of allocations as charges to agencies under s. 20.865 (1) (f) or (fm).

27,6220 Section 6220 . 227.01 (13) (zk) of the statutes is amended to read:

227.01 (13) (zk) Establishes guidelines under s. 101.38 106.21 (2), (4) or (6) for the Wisconsin service corps program under s. 101.38 106.21.

27,6222 Section 6222 . 227.01 (13) (zq) of the statutes is amended to read:

227.01 (13) (zq) Designates the Kickapoo valley reserve under s. 16.21 41.41 (2).

27,6224 Section 6224 . 227.03 (3m) (a) of the statutes is amended to read:

227.03 (3m) (a) This chapter does not apply to proceedings before the department of industry, labor and human relations relating to housing discrimination under s. 101.22 106.04 (1) to (8), except as provided in s. 101.22 106.04 (6).

27,6225 Section 6225. 227.03 (3m) (b) of the statutes is amended to read:

227.03 (3m) (b) Only the provisions of this chapter relating to rules are applicable to matters arising out of protection against discrimination in a public place of accommodation or amusement under s. 101.22 106.04 (9) and (10).

27,6226 Section 6226 . 227.03 (4) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.357 (5) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) or youthful offender supervision under s. 48.537 (4), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

27,6226m Section 6226m. 227.03 (4) of the statutes, as affected by 1993 Wisconsin Act 377 and 1995 Wisconsin Act .... (this act), is repealed and recreated to read:

227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.357 (5) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) or serious juvenile offender supervision under s. 48.358 (4), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

27,6226g Section 6226g. 227.116 (4) (intro.) of the statutes is amended to read:

227.116 (4) (intro.) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, for each such failure the agency shall prepare a report and submit it to the permit information center and regulatory assistance bureau within 5 business days of the last day of the time period specified, setting forth all of the following:

27,6226j Section 6226j. 227.116 (5) of the statutes is amended to read:

227.116 (5) If an agency fails to review and make a determination on a permit application within the time period specified in a rule or law, upon completion of the review and determination for that application, the agency shall notify the permit information center and regulatory assistance bureau.

27,6227 Section 6227 . 227.40 (2) (e) of the statutes is amended to read:

227.40 (2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 101.22 106.04, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or 949 for review of decisions and orders of administrative agencies if the validity of the rule involved was duly challenged in the proceeding before the agency in which the order or decision sought to be reviewed was made or entered.

27,6233 Section 6233 . 227.52 of the statutes is amended to read:

227.52 Judicial review; decisions reviewable. Administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to review as provided in this chapter, except for the decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions of the department of employe trust funds, the commissioner division of banking, the commissioner office of credit unions, the commissioner division of savings and loan, the board of state canvassers and those decisions of the department of industry, labor and human relations which are subject to review, prior to any judicial review, by the labor and industry review commission, and except as otherwise provided by law.

27,6234 Section 6234 . 227.53 (1) (b) 2. of the statutes is amended to read:

227.53 (1) (b) 2. The banking review board or the consumer credit review board, the commissioner division of banking.

27,6235 Section 6235 . 227.53 (1) (b) 3. of the statutes is amended to read:

227.53 (1) (b) 3. The credit union review board, the commissioner office of credit unions.

27,6236 Section 6236 . 227.53 (1) (b) 4. of the statutes is amended to read:

227.53 (1) (b) 4. The savings and loan review board, the commissioner division of savings and loan, except if the petitioner is the commissioner division of savings and loan, the prevailing parties before the savings and loan review board shall be the named respondents.

27,6237 Section 6237 . 227.53 (1) (b) 5. of the statutes is amended to read:

227.53 (1) (b) 5. The savings bank review board, the commissioner division of savings and loan, except if the petitioner is the commissioner division of savings and loan, the prevailing parties before the savings bank review board shall be the named respondents.

27,6238 Section 6238 . 227.59 of the statutes is amended to read:

227.59 Certification of certain cases from the circuit court of Dane county to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane county except an action or appeal for the review of any order of the department of industry, labor and human relations or the department of development or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane county a fee of $2 for transmitting the record.

27,6239 Section 6239 . 228.01 of the statutes is amended to read:

228.01 Recording of documents and public records by mechanical process authorized. Whenever any officer of any county having a population of 500,000 or more is required or authorized by law to file, record, copy, recopy or replace any document, court order, plat, paper, written instrument, writings, record or book of record, on file or of record in his or her office, notwithstanding any other provisions in the statutes, the officer may do so by photostatic, photographic, microphotographic, microfilm, optical imaging, electronic formatting or other mechanical process which produces a clear, accurate and permanent copy or reproduction of the original document, court order, plat, paper, written instrument, writings, record or book of record in accordance with the standards specified under ss. 16.61 (7) and 16.612. Any such officer may also reproduce by such processes or transfer from optical disk or electronic storage any document, court order, plat, paper, written instrument, writings, record or book of record which has previously been filed, recorded, copied or recopied. Optical imaging or electronic formatting of any document is subject to authorization under s. 59.145 (1).

27,6240 Section 6240 . 228.03 of the statutes is amended to read:

228.03 Copy to be deemed to be original record. (1) A photographic reproduction of an original document, court order, plat, paper, written instrument, writing, record, book of record, file or other material, or a copy of material generated from optical disk or electronic storage of the original material, bearing upon or pertinent to the activities and functions of any county office, department, agency, board, commission, court or institution, in counties having a population of 500,000 or more, is deemed to be an original for all purposes, if it meets the applicable standards established in ss. 16.61 and 16.612.

(2) Any photographic reproduction of an original record meeting the standards prescribed in s. 16.61 (7) or copy of a record generated from an original record stored in optical disk or electronic format in compliance with ss. 16.61 and 16.612 shall be taken as and stand in lieu of and have all of the effect of the original record 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. A transcript, exemplification or certified copy of such a reproduction of an original record, or certified copy of a record generated from an original record stored in optical disk or electronic format, for the purposes specified in this subsection, is deemed to be a transcript, exemplification or certified copy of the original. The custodian of a photographic reproduction shall place the reproduction or optical disk in conveniently accessible storage and shall make provision for preserving, examining and using the reproduction of the record or generating a copy of the record from optical disk or electronic storage. An enlarged copy of a photographic reproduction of a record made in accordance with the standards specified in s. 16.61 (7) or an enlarged copy of a record generated from an original record stored in optical disk or electronic format in compliance with ss. 16.61 and 16.612 that is certified by the custodian as provided in s. 889.18 (2) has the same effect as an actual-size copy.

27,6241 Section 6241 . 228.04 of the statutes is amended to read:

228.04 Inspection of records and copies of records. Every custodian of public records in counties having a population of 500,000 or more shall keep them in such arrangement and condition as to make them easily accessible for convenient use. Photographic, photostatic, microphotographic, microfilm or other mechanical process of reproduction of public records or optical imaging or electronic formatting of public records shall be considered as accessible for convenient use, provided that a suitable means for public inspection of the records is provided by the custodian. Except as otherwise expressly provided by law, the custodian shall permit all public records in his or her custody to be inspected, examined, abstracted or copied at reasonable times and under his or her supervision and regulation by any person; and the custodian shall, upon the demand of any person, furnish certified copies thereof on payment in advance of fees not to exceed the fees prescribed by law.

27,6242 Section 6242 . 228.05 of the statutes is amended to read:

228.05 Marginal references. The register of deeds of any county having a population of 500,000 or more who has copied a document by microphotography, microfilm, or optical imaging or electronic formatting that is accepted by him or her for recording or filing shall also, as a substitute for marginal references required, prepare an index for documents of ancillary nature for which marginal references are required. Such index for ancillary documents shall be prepared and maintained to show the document number or volume and page of the original recording or filing plus a record of any recordings or filings affecting or pertinent to such original recording or filing requiring marginal references subsequent to the date on which the county begins such recording or recopying by microphotography, microfilm, or optical imaging or electronic formatting.

27,6243 Section 6243 . 230.03 (3) of the statutes is amended to read:

230.03 (3) “Agency" means any state board, commission, committee, council, or department in the state or unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department or unit thereof or an authority created under ch. 231, 232, 233, 234 or 235.

27,6244 Section 6244 . 230.048 of the statutes is repealed.

27,6245 Section 6245 . 230.08 (2) (b) of the statutes is amended to read:

230.08 (2) (b) All officers and employes of the state appointed by the governor whether subject to confirmation or not, unless otherwise provided.

27,6246 Section 6246 . 230.08 (2) (e) 3. of the statutes is amended to read:

“230.08 (2) (e) 3. Development — 5 4.

27,6246m Section 6246m. 230.08 (2) (e) 3. of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

230.08 (2) (e) 3. Development Commerce — 4 7.

27,6248m Section 6248m. 230.08 (2) (e) 4. of the statutes is amended to read:

230.08 (2) (e) 4. Employment relations — 4 3.

27,6249 Section 6249 . 230.08 (2) (e) 4f. of the statutes is created to read:

230.08 (2) (e) 4f. Financial institutions — 4.

27,6250 Section 6250 . 230.08 (2) (e) 4m. of the statutes is amended to read:

230.08 (2) (e) 4m. Gaming commission board — 4 3.

27,6251 Section 6251 . 230.08 (2) (e) 5. of the statutes is amended to read:

230.08 (2) (e) 5. Health and social services — 7 5.

27,6252 Section 6252 . 230.08 (2) (e) 6. of the statutes is amended to read:

230.08 (2) (e) 6. Industry, labor and human relations — 7 8.

27,6253 Section 6253 . 230.08 (2) (e) 9. of the statutes is renumbered 230.08 (2) (e) 3g. and amended to read:

230.08 (2) (e) 3g. Public instruction Education — 5.

27,6253m Section 6253m. 230.08 (2) (e) 11. of the statutes is amended to read:

230.08 (2) (e) 11. Revenue — 3 4.

27,6258 Section 6258. 230.08 (2) (g) of the statutes is amended to read:

230.08 (2) (g) One stenographer appointed by each elective executive officer, other than the state treasurer, and one deputy or assistant appointed by each elective executive officer except the attorney general and superintendent of public instruction.

27,6258m Section 6258m. 230.08 (2) (gm) of the statutes is created to read:

230.08 (2) (gm) The executive director of the gaming board, appointed under s. 561.03.