2015 Wisconsin Act 196

Note: This provision provided an appropriation for the Revisor of Statutes Bureau, which no longer exists.

196,32 Section 32. 23.321 (2) (c) 1. and (2m) of the statutes are amended to read:

23.321 (2) (c) 1. The date on which the department enters into a memorandum of agreement with the U.S. Army Corps army corps of Engineers engineers as specified in sub. (2m).

(2m) Memorandum of agreement. The department shall negotiate with the U.S. Army Corps army corps of Engineers engineers to enter into a memorandum of agreement that provides that the U.S. Army Corps army corps of Engineers engineers will concur with any wetland confirmation provided by the department under sub. (2) (c).

Note: Conforms capitalization to current style.

196,33 Section 33. 24.39 (4) (d) of the statutes is amended to read:

24.39 (4) (d) This subsection applies only to Lake Michigan and Lake Superior, the Mississippi and St. Croix rivers, the Fox River from Green Bay upstream to the point where it meets the Wolf River, and to the segments of all other bodies of water in which the U.S. Army Corps army corps of Engineers engineers provides and maintains commercial navigation channels.

Note: Conforms capitalization to current style.

196,34 Section 34. 28.035 (3) (title) of the statutes is repealed.

Note: No other subsections in s. 28.035 have titles.

196,35 Section 35. 29.334 (2) (title) of the statutes is repealed.

Note: No other subsections in s. 29.334 have titles.

196,36 Section 36. 30.11 (5) (a) of the statutes is amended to read:

30.11 (5) (a) Prior to the execution of any lease by the board of commissioners of public lands concerning rights to submerged lands or rights to fill in submerged lands held in trust for the public under s. 24.39, the department shall determine whether the proposed physical changes in the area as a result of the execution of the lease are consistent with the public interest. Thirty days before making its determination, the department shall notify, in writing, the clerk of the county and clerk of the city, village, or town in which the changes are proposed and the U.S. Army Corps army corps of Engineers engineers of the application for the lease. In making its finding the department shall give consideration to all reports submitted to it. The department shall not approve a lease applied for under s. 24.39 (4) (a) 2. if the department determines that the lease may threaten excessive destruction of wildlife habitat.

Note: Conforms capitalization to current style.

196,37 Section 37. 32.05 (3m) of the statutes is renumbered 32.05 (3m) (a) and amended to read:

32.05 (3m) (a) In this section subsection, "uneconomic remnant" means the property remaining after a partial taking of property, if the property remaining is of such size, shape, or condition as to be of little value or of substantially impaired economic viability.

(b) If the acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer to acquire the remnant concurrently and may acquire it by purchase or by condemnation if the owner consents.

Note: Conforms provision to current style by separating a definition from a substantive provision and limiting the application of the definition to only the part of the section in which the defined term appears.

196,38 Section 38. 32.06 (3m) (title) of the statutes is repealed and recreated to read:

32.06 (3m) (title) Uneconomic remnant.

Note: Adopts the more descriptive title of the identical s. 32.05 (3m). The prior title read: "Definition."

196,39 Section 39. 32.06 (3m) of the statutes is renumbered 32.06 (3m) (a) and amended to read:

32.06 (3m) (a) In this section subsection, "uneconomic remnant" means the property remaining after a partial taking of property, if the property remaining is of such size, shape, or condition as to be of little value or of substantially impaired economic viability.

(b) If acquisition of only part of a property would leave its owner with an uneconomic remnant, the condemnor shall offer to acquire the remnant concurrently and may acquire it by purchase or by condemnation if the owner consents.

Note: Conforms provision to current style by separating a definition from a substantive provision and limiting the application of the definition to only the part of the section in which the defined term appears.

196,40 Section 40. 35.001 (2m) of the statutes is amended to read:

35.001 (2m) "Printing" includes all public printing by means of graphic reproduction by whatever process and the necessary materials and binding. The term also includes reproduction of a document in optical disk disc format whenever the publishing state agency is authorized to reproduce and determines to reproduce copies of a document in optical disk disc format in lieu of printed format.

196,41 Section 41. 35.27 of the statutes is amended to read:

35.27 Limitation of editions of official reports. Within 60 calendar days after receiving final proof copy therefor, the department shall have printed and deliver editions of the reports mentioned in s. 35.26 and of any report required by law to be made to the governor or to the legislature if not otherwise limited. The department shall determine for any report the maximum number of copies and pages, or the length if authorized to be reproduced in optical disk disc format.

196,42 Section 42. 35.50 (1) of the statutes is amended to read:

35.50 (1) Specifications for state printing except class 1, including type style and size, page size, titles, paper, form, quality, quantity, binding, and method, or optical disk disc manufacturing specifications whenever reproduction in optical disk disc format is authorized, shall be as determined by the department unless specified by statute. Any state agency which that objects to such the department's determination may appeal the decision to the governor.

Note: Inserts a specific reference.

196,43 Section 43. 35.55 of the statutes is amended to read:

35.55 Editing printer's copy. Printer's copy must accompany every requisition. The editors of all state agencies may edit for themselves the matter and form of the contents of the printer's copy presented by them respectively to the department. All printer's copy which that does not conform to accepted trade practices, and, in the opinion of the department is unsatisfactory, shall be returned to its author for revision and correction. An optical disk disc copy may be substituted if the document being published is authorized to be reproduced in optical disk disc format.

196,44 Section 44. 35.57 of the statutes is amended to read:

35.57 Advertisement for bids. The department shall publish advertisements that sealed proposals for furnishing printing, during the next ensuing contract period, with all other material which that the department requires, will be received any time prior to a specified day, when all proposals will be publicly opened and read. The advertisements shall be run as class 2 notices, under ch. 985, in the official state paper. Separate advertisements may be used for publications authorized to be published in optical disk disc format.

196,45 Section 45. 44.015 (3) of the statutes is amended to read:

44.015 (3) Accept collections of private manuscripts, printed materials, tapes, films, optical disks discs, materials stored in electronic format, and artifacts, and it may enforce any reasonable restrictions on accessibility to the public, use, or duplication of said collections which that are agreed upon by the donor and the historical society.

196,46 Section 46. 44.02 (8) of the statutes is amended to read:

44.02 (8) Bind, except when microfilmed or transferred to optical disks discs or electronic format, the unbound books, documents, manuscripts, pamphlets, and especially newspaper files in its possession.

196,47 Section 47. 45.03 (8) (b) of the statutes is amended to read:

45.03 (8) (b) The benefits and aid provided under s. 45.20 (3) and s. 45.40 are not assignable and are exempt from garnishment and execution.

Note: There is no s. 45.20 (3). This cross-reference was inserted by 2005 Wis. Act 22 which repealed and recreated all of ch. 45 and included s. 45.20 (3). 2005 Wis. Act 25 repealed and recreated s. 45.20, as affected by Act 22, and did not include s. 45.20 (3) but did not treat this cross-reference.

196,48 Section 48. 48.02 (1) (intro.) of the statutes is amended to read:

48.02 (1) (intro.) "Abuse", " other than when used in referring to abuse of alcohol beverages or other drugs, means any of the following:

Note: Conforms punctuation to current style.

196,49 Section 49. 48.02 (2) of the statutes is amended to read:

48.02 (2) "Child"," when used without further qualification, means a person who is less than 18 years of age, except that for purposes of investigating or prosecuting a person who is alleged to have violated a state or federal criminal law or any civil law or municipal ordinance, "child" does not include a person who has attained 17 years of age.

Note: Conforms punctuation to current style.

196,50 Section 50. 48.02 (2m) of the statutes is amended to read:

48.02 (2m) "Court"," when used without further qualification, means the court assigned to exercise jurisdiction under this chapter and ch. 938.

Note: Conforms punctuation to current style.

196,51 Section 51. 48.983 (1) (b) (intro.) of the statutes is amended to read:

48.983 (1) (b) (intro.) "Case"," other than when used in the term "case management services", " means a family or person who meets all of the following criteria:

Note: Conforms punctuation to current style.

196,52 Section 52. 49.68 (1m) (title) of the statutes is created to read:

49.68 (1m) (title) Definition.

Note: The other subsections in s. 49.68 have titles.

196,53 Section 53. 59.10 (3) (c) (title) of the statutes is created to read:

59.10 (3) (c) (title) Changes during decade; municipal boundary adjustments.

Note: All other paragraphs in s. 59.10 (3) have titles.

196,54 Section 54. 59.40 (2) (a) of the statutes is amended to read:

59.40 (2) (a) File and keep all papers properly deposited with him or her in every action or proceeding unless required to transmit the papers. The papers may be microfilmed or microphotographed, or transferred to optical disks discs or electronic format if authorized under s. 59.52 (14), and the originals may thereafter be destroyed upon compliance with SCR chapter 72.

196,55 Section 55. 59.43 (1) of the statutes, as affected by 2015 Wisconsin Act 48, is renumbered 59.43 (1c), and 59.43 (1c) (a), as renumbered, is amended to read:

59.43 (1c) (a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, instruments, and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided the documents have plainly printed or typewritten on the document the names of the grantors, grantees, witnesses, and notary. The register of deeds shall record or file or cause to be recorded or filed all plats and certified survey maps that are authorized to be accepted for recording or filing in his or her office. Any county, by a resolution adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats, or other recorded or filed instruments or classes of documents as long as separate indexes may be produced. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under ch. 228 may substitute the headings, reel, disk disc, or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced, or copied on or transferred to the same reel, disk disc, or electronic file or part of a reel or disk disc. All recordings made prior to June 28, 1961, which that would have been valid under this paragraph, had this paragraph then been in effect, are validated by this paragraph. In this subsection, "book", if automated recording or indexing equipment is used, includes the meaning given under sub. (12) (d).

Note: The revision of s. 59.43 (12) (d) by this bill makes the last sentence of this paragraph unnecessary.

196,56 Section 56. 59.43 (2) (d) of the statutes is amended to read:

59.43 (2) (d) For performing functions under s. 409.523, the register shall charge the fees provided in s. 409.525, retain the portion of the fees prescribed under s. 409.525, and submit the portion of the fees not retained to the state. A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this paragraph. Whenever there is offered for filing any document that is not on a standard form prescribed by ch. 409 or by the department of financial institutions or that varies more than 0.125 inch from the approved size as prescribed by sub. (1) (1c), the appropriate fee provided in s. 409.525 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.

Note: Amends cross-reference consistent with the renumbering of s. 59.43 (1) by this bill.

196,57 Section 57. 59.43 (4) (a) of the statutes is amended to read:

59.43 (4) (a) Except as provided in par. (b), upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to photograph, microfilm, or record on optical disks discs or in electronic format records of deeds, mortgages, or other instruments relating to real property or may authorize the register of deeds to record on optical disks discs or in electronic format instruments relating to security interests in accordance with the requirements of s. 16.61 (7) or 59.52 (14) and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably safe and shall provide for the preservation of the records authorized to be stored under this paragraph. The register of deeds shall keep a photograph, microfilm, or optical disk disc or electronic copy of such records in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disk disc or electronic file in enlarged, easily readable form upon request. Compliance with this paragraph satisfies the requirement of sub. (1) (1c) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from an authorized photograph, from a copy generated from optical disk disc or electronic storage, or from the original records.

Note: Amends cross-reference consistent with the renumbering of s. 59.43 (1) by this bill.

196,58 Section 58. 59.43 (4) (b) of the statutes is amended to read:

59.43 (4) (b) The register of deeds may microfilm or record on optical disks discs or in electronic format notices of lis pendens that are at least one year old, in accordance with the requirements of s. 16.61 (7) or 59.52 (14) (b) to (d). The register of deeds shall keep a microfilm or optical disk disc or electronic copy of notices of lis pendens in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from optical disk disc or electronic storage in enlarged, easily readable form upon request. Compliance with this paragraph satisfies the requirement of sub. (1) (1c) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from a copy generated from microfilm or from optical disk disc or electronic storage. The register of deeds may destroy or move to off-site storage any notice of lis pendens that has been microfilmed or recorded on optical disk disc or in electronic format under this paragraph.

Note: Amends cross-reference consistent with the renumbering of s. 59.43 (1) by this bill.

196,59 Section 59. 59.43 (12) (c) of the statutes is amended to read:

59.43 (12) (c) Notwithstanding this subsection, sub. (1) (1c), and ss. 16.61 (3) (e), 19.21 (1) and (5), and 59.52 (4), the board may authorize the transfer of the custody of all records maintained by the register of deeds under s. 342.20 (4), 1979 stats., to the department of transportation.

Note: Amends cross-reference consistent with the renumbering of s. 59.43 (1) by this bill.

196,60 Section 60. 59.43 (12) (d) of the statutes is amended to read:

59.43 (12) (d) In a county where the board has established a system of recording and indexing by means of electronic data processing, machine printed forms, or optical disk disc storage, the process of typing, keypunching, other automated machines, or optical imaging may be used to replace any handwritten entry or endorsement as described in this subsection or in sub. (1) (1c). The various documents and indexes may also be combined into a general document file with one numbering sequence and one index at any time.

(1b) Definition. In this subsection and in sub. (1) section, "book"," if automated equipment is used, may include forms, tab or computer printed sheets as well as cards and other supply forms which although processed separately may be bound after preparation.

Note: The provision is subdivided to separate a definition from a substantive provision and to move that definition to the beginning of the section consistent with current style. Amends cross-reference consistent with the renumbering of s. 59.43 (1) by this bill.

196,61 Section 61. 59.52 (14) (title), (a), (b) 1. to 4. and (d) of the statutes are amended to read:

59.52 (14) (title) Optical disk disc and electronic storage. (a) Upon request of any office, department, commission, board, or agency of the county, the board may authorize any county record that is in the custody of the office, department, commission, board, or agency to be transferred to, or maintained in, optical disk disc or electronic storage in accordance with rules of the department of administration under s. 16.612. The board may thereafter authorize destruction of the original record, if appropriate, in accordance with sub. (4) and ss. 16.61 (3) (e) and 19.21 (5) unless preservation is required by law.

(b) 1. The devices used to transform the record to optical disk disc or electronic format and to generate a copy of the record from optical disk disc or electronic format are ones which that accurately reproduce the content of the original.

2. 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 the rule of the department of administration under s. 16.612.

3. 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.

4. The legal custodian of the record executes a statement of intent and purpose describing the record to be transferred to optical disk disc or electronic format and the disposition of the original record, and executes a certificate verifying that the record was received or created and 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 in his or her office.