Amendment AA1-ASA1-SB55

SB55-ASA1-AA1, s. 3035e Section 3035e. 227.43 (1) (bd) of the statutes is created to read:

SB55-ASA1-AA1,1098,19 227.43 (1) (bd) Assign a hearing examiner to preside over any hearing of a contested case which is required to be conducted by the department of environmental management and which is not conducted by the secretary of environmental management.

SB55-ASA1-AA1, s. 3035f Section 3035f. 227.43 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1099,2 227.43 (2) (a) The department of natural resources fish, wildlife, parks, and forestry shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (b) after the department of natural resources fish, wildlife, parks, and forestry is notified that a hearing on the matter is required.

SB55-ASA1-AA1, s. 3035g Section 3035g. 227.43 (2) (am) of the statutes is created to read:

SB55-ASA1-AA1,1099,8 227.43 (2) (am) The department of environmental management shall notify the division of hearings and appeals of every pending hearing to which the administrator of the division is required to assign a hearing examiner under sub. (1) (bd) after the department of environmental management is notified that a hearing on the matter is required.

SB55-ASA1-AA1, s. 3035h Section 3035h. 227.43 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1099,14 227.43 (3) (a) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of natural resources fish, wildlife, parks, and forestry by a hearing examiner under this section. The fee shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB55-ASA1-AA1, s. 3035i Section 3035i. 227.43 (3) (am) of the statutes is created to read:

SB55-ASA1-AA1,1099,20 227.43 (3) (am) The administrator of the division of hearings and appeals may set the fees to be charged for any services rendered to the department of environmental management by a hearing examiner under this section. The fees shall cover the total cost of the services less any costs covered by the appropriation under s. 20.505 (4) (f).

SB55-ASA1-AA1, s. 3035j Section 3035j. 227.43 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1099,24 227.43 (4) (a) The department of natural resources fish, wildlife, parks, and forestry shall pay all costs of the services of a hearing examiner assigned to the department under sub. (1) (b), according to the fees set under sub. (3) (a).

SB55-ASA1-AA1, s. 3035k Section 3035k. 227.43 (4) (am) of the statutes is created to read:

SB55-ASA1-AA1,1100,3 227.43 (4) (am) The department of environmental management shall pay all costs of the services of a hearing examiner assigned to the department under sub. (1) (bd), according to the fees set under sub. (3) (am).

SB55-ASA1-AA1, s. 3035L Section 3035L. 227.46 (8) of the statutes is amended to read:

SB55-ASA1-AA1,1100,13 227.46 (8) If the hearing examiner assigned under s. 227.43 (1) (b) renders the final decision in a contested case, and the decision is subject to judicial review under s. 227.52, the department of natural resources fish, wildlife, parks, and forestry may petition for judicial review. If the hearing examiner assigned under s. 227.43 (1) (bd) renders the final decision in a contested case and the decision is subject to judicial review under s. 227.52, the department of environmental management may petition for judicial review. If the hearing examiner assigned under s. 227.43 (1) (br) renders the final decision in a contested case, and the decision is subject to judicial review under s. 227.52, the department of transportation may petition for judicial review.".

SB55-ASA1-AA1,1100,14 1553. Page 1003, line 12: after that line insert:

SB55-ASA1-AA1,1100,15 " Section 3035. 227.245 of the statutes is created to read:

SB55-ASA1-AA1,1100,19 227.245 Permanent rules; exemptions. (1) Promulgation of universal banking rules. Except as provided in subs. (2) and (3), the division of banking may promulgate a rule under s. 222.0413 (2) (b) without complying with the notice, hearing, and publication procedures under this chapter.

SB55-ASA1-AA1,1101,2 (2) Filing and publication. The division of banking shall file a rule described under sub. (1) as provided in s. 227.20. At the time that the rule is filed, the division of banking shall mail a copy of the rule to the chief clerk of each house and to each member of the legislature, shall publish in the official state newspaper a class 1 notice under ch. 985 containing a copy of the rule, and shall take any other step it considers feasible to make the rule known to persons who will be affected by the rule.

SB55-ASA1-AA1,1101,4 (3) Effective date. A rule described under sub. (1) takes effect as provided under s. 227.22.".

SB55-ASA1-AA1,1101,5 1554. Page 1003, line 12: after that line insert:

SB55-ASA1-AA1,1101,6 " Section 3036. 228.01 of the statutes is amended to read:

SB55-ASA1-AA1,1101,21 228.01 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 applicable 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. 59.52 (14) (a).

SB55-ASA1-AA1, s. 3037 Section 3037. 228.03 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1102,18 228.03 (2) Any photographic reproduction of an original record meeting the applicable 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 the applicable standards under 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 applicable 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 the applicable standards under 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.".

SB55-ASA1-AA1,1102,19 1555. Page 1003, line 12: after that line insert:

SB55-ASA1-AA1,1102,20 " Section 3034d. 227.20 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1103,3 227.20 (1) An Within 30 days after legislative review of a rule is completed under s. 227.19, the agency shall file a certified copy of each the proposed rule it promulgates in the office of the secretary of state and in the office of the revisor. No rule is valid until the certified copies have been filed. A certified copy shall be typed or duplicated on 8 1/2 by 11 inch paper, leaving sufficient room for the secretary of state's stamp at the top of the first page. Forms that are filed need not comply with the specifications of this subsection.

SB55-ASA1-AA1, s. 3034j Section 3034j. 227.24 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,1103,7 227.24 (1) (c) A rule promulgated under par. (a) takes effect upon publication in the official state newspaper or on any later date specified in the rule and, except as provided under sub. (2), remains in effect only for 150 90 days.

SB55-ASA1-AA1, s. 3034k Section 3034k. 227.24 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1103,14 227.24 (2) (a) At the request of an agency, the joint committee for review of administrative rules may, at any time prior to the expiration date of a rule promulgated under sub. (1) (a), extend the effective period of the emergency rule or part of the emergency rule for a period specified by the committee not to exceed 60 90 days. Any number of extensions may be granted under this paragraph, but the total period for all extensions may not exceed 120 180 days.".

SB55-ASA1-AA1,1103,15 1556. Page 1003, line 12: after that line insert:

SB55-ASA1-AA1,1103,16 " Section 3032m. 227.117 of the statutes is created to read:

SB55-ASA1-AA1,1104,5 227.117 Review of rules impacting energy policies. (1) The public service commission may conduct an energy and reliability assessment of any proposed rule submitted to the legislative council staff for review under s. 227.15 (1). The energy and reliability assessment shall evaluate the potential impact of the proposed rule on the energy policies of the state related to electricity generation, transmission, or distribution or to fuels used in generating electricity. If, after making such an assessment, the public service commission concludes that the proposed rule may have a significant impact on those policies, the public service commission may prepare an energy and reliability impact statement. An energy and reliability impact statement prepared under this subsection shall evaluate the probable impacts of the proposed rule on the state's energy policies and describe appropriate alternatives to the proposed rule that will reduce any negative impacts on those policies.

SB55-ASA1-AA1,1104,8 (2) The public service commission shall submit a copy of any energy and reliability impact statement prepared under sub. (1) to the legislative council staff and to the agency that proposed the rule that resulted in the statement.

SB55-ASA1-AA1,1104,11 (3) An agency that receives an energy and reliability impact statement under sub. (2), shall consider the energy and reliability impact statement before submitting the notification and report to the legislature under s. 227.19 (2) and (3).

SB55-ASA1-AA1, s. 3032p Section 3032p. 227.19 (3) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1104,18 227.19 (3) Form of report. (intro.) The report required under sub. (2) shall be in writing and shall include the proposed rule in the form specified in s. 227.14 (1), the material specified in s. 227.14 (2) to (4), a copy of any energy and reliability impact statement received from the public service commission under s. 227.117 (2), a copy of any recommendations of the legislative council staff and an analysis. The analysis shall include:

SB55-ASA1-AA1, s. 3032r Section 3032r. 227.19 (3) (f) of the statutes is created to read:

SB55-ASA1-AA1,1104,22 227.19 (3) (f) If an energy and reliability impact statement regarding the proposed rule was submitted with the report, an explanation of what changes, if any, that were made in the proposed rule in response to that statement.".

SB55-ASA1-AA1,1104,23 1557. Page 1004, line 11: after that line insert:

SB55-ASA1-AA1,1105,2 " Section 3048j. 230.08 (2) (e) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1105,3 230.08 (2) (e) 1. Administration — 13 12.".

SB55-ASA1-AA1,1105,4 1558. Page 1004, line 11: delete "10" and substitute " 11".

SB55-ASA1-AA1,1105,5 1559. Page 1004, line 20: after that line insert:

SB55-ASA1-AA1,1105,6 " Section 3050c. 230.08 (2) (e) 4c. of the statutes is created to read:

SB55-ASA1-AA1,1105,7 230.08 (2) (e) 4c. Environmental management — 2.

SB55-ASA1-AA1, s. 3050d Section 3050d. 230.08 (2) (e) 4m. of the statutes is created to read:

SB55-ASA1-AA1,1105,9 230.08 (2) (e) 4m. Fish, wildlife, parks, and forestry — 3.

SB55-ASA1-AA1, s. 3050g Section 3050g. 230.08 (2) (e) 8. of the statutes is repealed.".

SB55-ASA1-AA1,1105,11 1560. Page 1004, line 20: after that line insert:

SB55-ASA1-AA1,1105,12 " Section 3051. 230.08 (2) (e) 13. of the statutes is amended to read:

SB55-ASA1-AA1,1105,13 230.08 (2) (e) 13. Veterans affairs — 2 3.".

SB55-ASA1-AA1,1105,15 1561. Page 1005, line 18: delete "commandant of the" and substitute "commandants of the Wisconsin Veterans Home at King and the".

SB55-ASA1-AA1,1105,16 1562. Page 1007, line 14: after that line insert:

SB55-ASA1-AA1,1105,17 " Section 3061r. 230.143 of the statutes is created to read:

SB55-ASA1-AA1,1105,21 230.143 Appointment; selective service registration. A person who is required to register with the selective service system under 50 USC, Appendix, sections 451 to 473, but has not registered, may not receive any of the following during the period that the person is required to register:

SB55-ASA1-AA1,1105,22 (1) An original appointment to a position in the classified service.

SB55-ASA1-AA1,1105,23 (2) An appointment to a position described in s. 230.08 (2) (k).

SB55-ASA1-AA1,1106,2 (3) An appointment to a position as a corps enrollee with the Wisconsin conservation corps program under s. 106.215 (1) (c).

SB55-ASA1-AA1, s. 3061t Section 3061t. 230.15 (1) of the statutes is amended to read:

SB55-ASA1-AA1,1106,9 230.15 (1) Appointments Subject to the restriction under s. 230.143, appointments to, and promotions in, the classified service shall be made only according to merit and fitness, which shall be ascertained so far as practicable by competitive examination. The administrator may waive competitive examination for appointments made under subs. (1m) and (2) and shall waive competitive examination for appointments made under sub. (2m).".

SB55-ASA1-AA1,1106,10 1563. Page 1007, line 14: after that line insert:

SB55-ASA1-AA1,1106,11 " Section 3072h. 230.26 (4) of the statutes is amended to read:

SB55-ASA1-AA1,1106,18 230.26 (4) Fringe benefits specifically authorized by statutes, with the exception of deferred compensation plan participation under subch. VII of ch. 40, worker's compensation, unemployment insurance, group insurance, retirement, and social security coverage, shall be denied employees hired under this section. Such employees may not be considered permanent employees and do not qualify for tenure, vacation, paid holidays, sick leave, performance awards, or the right to compete in promotional examinations.".

SB55-ASA1-AA1,1106,19 1564. Page 1008, line 16: after that line insert:

SB55-ASA1-AA1,1106,20 " Section 3080t. 230.36 (1m) (b) 1. (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1107,2 230.36 (1m) (b) 1. (intro.) A forest ranger or field employee of the department of natural resources fish, wildlife, parks, and forestry who is subject to call for forest fire control duty or fire watcher employed at the Wisconsin Veterans Home at King or at the facilities operated by the department of veterans affairs under s. 45.385, and lifeguard, at all times while:".

SB55-ASA1-AA1,1107,3 1565. Page 1008, line 23: after that line insert:

SB55-ASA1-AA1,1107,5 " Section 3081b. 230.36 (1m) (b) 2. (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1107,12 230.36 (1m) (b) 2. (intro.) A conservation warden, conservation patrol boat captain, conservation patrol boat engineer, environmental warden, member of the state patrol, state motor vehicle inspector, University of Wisconsin System police officer, security officer, or security person, other state facilities police officer, special tax agent, excise tax investigator employed by the department of revenue and special criminal investigation agent employed by the department of justice at all times while:

SB55-ASA1-AA1, s. 3081g Section 3081g. 230.36 (2m) (a) 5. of the statutes is amended to read:

SB55-ASA1-AA1,1107,15 230.36 (2m) (a) 5. A conservation field employee of the department of natural resources fish, wildlife, parks, and forestry who is subject to call for fire control duty.

SB55-ASA1-AA1, s. 3081h Section 3081h. 230.36 (2m) (a) 5m. of the statutes is created to read:

SB55-ASA1-AA1,1107,17 230.36 (2m) (a) 5m. An environmental warden.".

SB55-ASA1-AA1,1107,18 1566. Page 1008, line 24: after that line insert:

SB55-ASA1-AA1,1107,19 " Section 3086. 231.01 (4m) of the statutes is amended to read:

SB55-ASA1-AA1,1107,24 231.01 (4m) "Educational facility" means a facility used for education by a regionally accredited, private, postsecondary educational institution that is described in section 501 (c) (3) of the Internal Revenue Code, as defined in s. 71.22 (4), and that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code.".

SB55-ASA1-AA1,1108,1 1567. Page 1011, line 6: after that line insert:

SB55-ASA1-AA1,1108,2 " Section 3095r. 233.10 (2) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1108,7 233.10 (2) (b) The kinds of leave to which an employee of the authority is entitled, including paid annual leave of absence, paid sick leave, and unpaid leave of absence, except that unused sick leave accumulated prior to July 1, 1997, shall be carried over and made available for the employee's use for appropriate sick leave purposes or for conversion as provided under s. 40.05 (4) (b), (bd), (be), (bm), or (bp).".

SB55-ASA1-AA1,1108,8 1568. Page 1014, line 7: after that line insert:

SB55-ASA1-AA1,1108,9 " Section 3111k. 234.86 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1108,11 234.86 (1) (b) "Department" means the department of natural resources environmental management.".

SB55-ASA1-AA1,1108,12 1569. Page 1015, line 8: after that line insert:

SB55-ASA1-AA1,1108,13 " Section 3117p. 234.907 (2) (h) of the statutes is amended to read:

SB55-ASA1-AA1,1108,18 234.907 (2) (h) The loan results in new or more viable methods for the processing or marketing of a product from a raw agricultural commodity or enables the borrower to comply with the rules promulgated by the department of natural resources fish, wildlife, parks, and forestry for the commercial fishing of whitefish in Lake Superior.".