1995 Wisconsin Act 27

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 (this act), is repealed and recreated to read: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.

27,6260 Section 6260 . 230.08 (2) (j) of the statutes is repealed.

27,6261 Section 6261 . 230.08 (2) (jg) of the statutes is repealed.

27,6263 Section 6263 . 230.08 (2) (L) 1. of the statutes is repealed.

27,6264 Section 6264 . 230.08 (2) (L) 3. of the statutes is renumbered 230.08 (2) (em) and amended to read:

230.08 (2) (em) Office The director of commissioner of credit unions, created under s. 15.59.

27,6266 Section 6266 . 230.08 (2) (L) 4. of the statutes is repealed.

27,6267 Section 6267 . 230.08 (2) (L) 6. of the statutes is repealed.

27,6268 Section 6268 . 230.08 (2) (L) 7. of the statutes is repealed.

27,6272 Section 6272 . 230.08 (2) (mp) of the statutes is repealed.

27,6274m Section 6274m. 230.08 (2) (t) of the statutes is created to read:

230.08 (2) (t) All employes of the office of the state superintendent of public instruction.

27,6275 Section 6275 . 230.08 (2) (xm) of the statutes is repealed.

27,6275m Section 6275m. 230.08 (2) (yz) of the statutes is created to read:

230.08 (2) (yz) The staff of the Wisconsin sesquicentennial commission.

27,6276 Section 6276 . 230.08 (2) (zm) of the statutes is repealed.

27,6277m Section 6277m. 230.08 (4) (a) of the statutes is amended to read:

230.08 (4) (a) The number of administrator positions specified in sub. (2) (e) includes all administrator positions specifically authorized by law to be employed outside the classified service in each department, board or commission and the historical society. In this paragraph, “department" has the meaning given under s. 15.01 (5), “board" means the educational communications board, investment board, public defender board, gaming board and technical college system board and “commission" means the public service commission and the gaming commission. Notwithstanding sub. (2) (z), no division administrator position exceeding the number authorized in sub. (2) (e) may be created in the unclassified service.

27,6279 Section 6279 . 230.09 (2) (g) of the statutes is amended to read:

230.09 (2) (g) When filling a new or vacant position, if the secretary determines that the classification for a position is different than that provided for by the legislature as established by law or in budget determinations, or as authorized by the joint committee on finance under s. 13.10, or as specified by the governor creating positions under s. 16.505 (1) (c) or (2), the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the board of regents of the university of Wisconsin system creating positions under s. 16.505 (2m), or is different than that of the previous incumbent, the secretary shall notify the administrator and the secretary of administration. The administrator shall withhold action on the selection and certification process for filling the position. The secretary of administration shall review the position to determine that sufficient funds exist for the position and that the duties and responsibilities of the proposed position reflect the intent of the legislature as established by law or in budget determinations, the intent of the joint committee on finance acting under s. 13.10, the intent of the governor creating positions under s. 16.505 (1) (c) or (2), the University of Wisconsin Hospitals and Clinics Board creating positions under s. 16.505 (2n) or the intent of the board of regents of the university of Wisconsin system creating positions under s. 16.505 (2m). The administrator may not proceed with the selection and certification process until the secretary of administration has authorized the position to be filled.

27,6280 Section 6280 . 230.14 (4) of the statutes is created to read:

230.14 (4) The administrator may charge an agency a fee to announce any vacancy to be filled in a classified or unclassified position in that agency. Funds received under this subsection shall be credited to the appropriation account under s. 20.512 (1) (ka).

27,6281 Section 6281 . 230.147 (1) of the statutes is amended to read:

230.147 (1) Each appointing authority of an agency with more than 100 authorized permanent full-time equivalent positions shall prepare and implement a plan of action to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19 with the goal of making the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19 in this state in the previous fiscal year, as determined by the department of health and social services, to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and human relations.

27,6282 Section 6282 . 230.147 (2) of the statutes is amended to read:

230.147 (2) Each appointing authority of an agency with 100 or fewer authorized permanent full-time equivalent positions is encouraged to employ persons who, at the time determined under sub. (4), receive aid under s. 49.19 to attempt to make the ratio of those persons occupying permanent positions in the agency to the total number of persons occupying permanent positions in the agency equal to the ratio of the average case load receiving aid under s. 49.19 in this state in the previous fiscal year, as determined by the department of health and social services, to the average number of persons in the state civilian labor force in the preceding fiscal year, as determined by the department of industry, labor and human relations.

27,6283 Section 6283 . 230.213 of the statutes is amended to read:

230.213 Affirmative action procedures for corrections positions. The administrator may, to meet affirmative action objectives, establish such recruitment, examination and certification procedures for positions in the department of corrections and for positions in juvenile correctional institutions within the division of youth services in the department of health and social services as will enable the department of corrections and the division of youth services in the department of health and social services to increase the number of employes of a specified gender or a specified racial or ethnic group in those positions. The administrator shall design the procedures to obtain a work force in the department of corrections and in juvenile correctional institutions within the division of youth services in the department of health and social services that reflects the relevant labor pool. The administrator may determine the relevant labor pool from the population of the state or of a particular geographic area of the state, whichever is more appropriate for achieving the affirmative action objective.