2015 Wisconsin Act 196

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.

(d) A copy of a record generated from an original record stored on an optical disk disc or in electronic format which that conforms with the standards prescribed under par. (b) 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 record so generated, for the purposes specified in this paragraph, is deemed to be a transcript, exemplification, or certified copy of the original. An enlarged copy of any record so generated, made in accordance with the standards prescribed under par. (b) and certified by the custodian as provided in s. 889.18 (2), has the same effect as an actual-size copy.

196,62 Section 62. 66.0216 of the statutes, as affected by 2015 Wisconsin Act 55, is repealed.

Note: By the terms of s. 66.0216 (10), the section does not apply after June 30, 2010.

196,63 Section 63. 66.0231 of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

66.0231 Notice of certain litigation affecting municipal status or boundaries. If a proceeding under ss. 61.187, 61.189, 61.74, 62.075, 66.0201 to 66.0213, 66.0215, 66.0216, 66.02162, 66.0217, 66.0221, 66.0223, 66.0227, 66.0301 (6), or 66.0307 or other sections relating to an incorporation, annexation, consolidation, dissolution or detachment of territory of a city or village is contested by instigation of legal proceedings, the clerk of the city or village involved in the proceedings shall file with the secretary of administration 4 copies of a notice of the commencement of the action. The clerk shall file with the secretary of administration 4 copies of any judgments rendered or appeals taken in such cases. The notices or copies of judgments that are required under this section may also be filed by an officer or attorney of any party of interest. If any judgment has the effect of changing the municipal boundaries, the city or village clerk shall also file with the county clerk or board of election commissioners the report required by s. 5.15 (4) (bg). The secretary of administration shall forward to the department of transportation 2 copies and to the department of revenue and the department of administration one copy each of any notice of action or judgment filed with the secretary of administration under this section.

Note: Section 66.0216 is repealed by this bill.

196,64 Section 64. 66.1201 (9) (v) of the statutes is amended to read:

66.1201 (9) (v) To establish a procedure for preserving records of the authority by the use of microfilm, another reproductive device, optical imaging, or electronic formatting if authorized under s. 19.21 (4) (c). The procedure shall assure that copies of records that are open to public inspection continue to be available to members of the public requesting them. A photographic reproduction of a record or copy of a record generated from optical disk disc or electronic storage is deemed the same as an original record for all purposes if it meets the applicable standards established in ss. 16.61 and 16.612.

196,65 Section 65. 66.1333 (2m) (c) and (d) (intro.) of the statutes are amended to read:

66.1333 (2m) (c) "Blight elimination, slum clearance and urban renewal program"," " blight elimination and urban renewal program"," "redevelopment, slum clearance or urban renewal program"," " redevelopment or urban renewal program"," and "redevelopment program"," mean undertakings and activities for the elimination and for the prevention of the development or spread of blighted areas.

(d) (intro.) "Blight elimination, slum clearance and urban renewal project"," "redevelopment and urban renewal project"," "redevelopment or urban renewal project"," "redevelopment project"," "urban renewal project," and "project" mean undertakings and activities in a project area for the elimination and for the prevention of the development or spread of slums and blight, and may involve clearance and redevelopment in a project area, or rehabilitation or conservation in a project area, or any combination or part of the undertakings and activities in accordance with a "redevelopment plan", " "urban renewal plan"," "redevelopment or urban renewal plan"," "project area plan," or "redevelopment and urban renewal plan"," either one of which means the redevelopment plan of the project area prepared and approved as provided in sub. (6). These undertakings and activities include all of the following:

Note: Conforms punctuation to current style.

196,66 Section 66. 66.1333 (5) (a) 5. of the statutes is amended to read:

66.1333 (5) (a) 5. Establish a procedure for preservation of the records of the authority by the use of microfilm, another reproductive device, optical imaging, or electronic formatting, if authorized under s. 19.21 (4) (c). The procedure shall assure that copies of the records that are open to public inspection continue to be available to members of the public requesting them. A photographic reproduction of a record or copy of a record generated from optical disk disc or electronic storage is deemed the same as an original record for all purposes if it meets the applicable standards established in ss. 16.61 and 16.612.

196,67 Section 67. 68.04 of the statutes is amended to read:

68.04 Municipalities included. " Municipality", as used in In this chapter, "municipality" includes any county, city, village, town, technical college district, special purpose district, or board or commission thereof, and any public or quasi-public corporation or board or commission created pursuant to statute, ordinance, or resolution, but does not include the state, a state agency, a corporation chartered by the state, or a school district as defined in s. 115.01 (3).

Note: Conforms sentence structure to current style for definitions.

196,68 Section 68. 70.03 (1) of the statutes is amended to read:

70.03 (1) "Real In chs. 70 to 76, 78, and 79, "real property"," "real estate," and "land", when used in chs. 70 to 76, 78, and 79, include not only the land itself but all buildings and improvements thereon, and all fixtures and rights and privileges appertaining thereto, except as provided in sub. (2) and except that for the purpose of time-share property, as defined in s. 707.02 (32), real property does not include recurrent exclusive use and occupancy on a periodic basis or other rights, including, but not limited to, membership rights, vacation services, and club memberships.

Note: Conforms sentence structure and punctuation to current style.

196,69 Section 69. 70.04 (intro.) and (2) of the statutes are amended to read:

70.04 Definition of personal property. (intro.) The term "personal property", as used in In chs. 70 to 79, shall include all "personal property" includes all of the following:

(1g) All goods, wares, merchandise, chattels, and effects, of any nature or description, having any real or marketable value, and not included in the term "real property"," as defined in s. 70.03.

(2) The term "personal property", as used in chs. 70 to 79, shall also include irrigation Irrigation implements used by a farmer, including pumps, power units to drive the pumps, transmission units, sprinkler devices, and sectional piping.

Note: With the next 2 sections of this bill, restructures section consistent with current style for definitions.

196,70 Section 70. 70.04 (1) of the statutes is renumbered 70.04 (1r) and amended to read:

70.04 (1r) Personal property also includes toll Toll bridges; private railroads and bridges; saw logs, timber, and lumber, either upon land or afloat; steamboats, ships, and other vessels, whether at home or abroad; ferry boats, including the franchise for running the same; ice cut and stored for use, sale, or shipment; beginning May 1, 1974, manufacturing machinery and equipment as defined in s. 70.11 (27), and entire property of companies defined in s. 76.28 (1), located entirely within one taxation district.

Note: See the previous section of this bill.

196,71 Section 71. 70.04 (3) of the statutes is amended to read:

70.04 (3) "Personal property", as used in chs. 70 to 79, includes an An off-premises advertising sign. In this subsection, "off-premises advertising sign" means a sign that does not advertise the business or activity that occurs at the site where the sign is located.

Note: See the previous 2 sections of this bill.

196,72 Section 72. 71.04 (8) (a) and (b) 1. of the statutes are amended to read:

71.04 (8) (a) 1. "Financial In this section, "financial organization", as used in this section, means any bank, trust company, savings bank, industrial bank, land bank, safe deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company, sales finance company, investment company, brokerage house, underwriter, or any type of insurance company.

2. As used in In this section, "financial organization" includes any subsidiary of an entity described in subd. 1., if a significant purpose for the subsidiary is to hold investments or if the subsidiary primarily functions to hold investments.

(b) 1. For In this section, for taxable years beginning before January 1, 2006, "public utility", as used in this section, means any business entity described under subd. 2. and any business entity which owns or operates any plant, equipment, property, franchise, or license for the transmission of communications or the production, transmission, sale, delivery, or furnishing of electricity, water, or steam, the rates of charges for goods or services of which have been established or approved by a federal, state, or local government or governmental agency.

Note: Restructures provisions consistent with current style for definitions.

196,73 Section 73. 71.26 (1) (g) (title) and (h) (title) of the statutes are created to read:

71.26 (1) (g) (title) Landowner incentive program.

(h) (title) Small business job creation.

Note: The other paragraphs in s. 71.26 (1) have titles.

196,74 Section 74. 77.91 (5) of the statutes is amended to read:

77.91 (5) Recording. Each register of deeds who receives notice of an order under this subchapter shall record the action as provided under s. 59.43 (1) (1c). The department shall pay the register of deeds the fee specified under s. 59.43 (2) (ag) 1. from the appropriation under s. 20.370 (1) (cr). If the amount in the appropriation under s. 20.370 (1) (cr) in any fiscal year is insufficient to pay the full amount required under this subsection in that fiscal year, the department shall pay the balance from the appropriation under s. 20.370 (1) (mv).

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

196,75 Section 75. 79.10 (1m) (title) of the statutes is created to read:

79.10 (1m) (title) Notice to the department.

Note: The other subsections in s. 79.10 have titles.

196,76 Section 76. 89.02 (1g) of the statutes, as affected by 2015 Wisconsin Act 55, is amended to read:

89.02 (1g) "Administer", " when used in reference to administering a drug to an animal, means directly applying the drug, whether by injection, ingestion, or any other means, to the body of the animal.

Note: Conforms punctuation to current style.

196,77 Section 77. 93.73 (8) of the statutes is amended to read:

93.73 (8) Acceptance and recording of easement. A cooperating entity that purchases an agricultural conservation easement under sub. (7) shall submit the agricultural conservation easement to the department for its acceptance. Upon acceptance by the department, the cooperating entity shall promptly record the agricultural conservation easement and acceptance with the register of deeds of the county in which the land subject to the agricultural conservation easement is located and shall provide to the department a copy of the recorded instrument conveying the agricultural conservation easement, certified by the register of deeds under s. 59.43 (1) (1c) (i).

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

196,78 Section 78. 98.02 (2) of the statutes is amended to read:

98.02 (2) The term "barrel", "Barrel," when used in connection with fermented malt beverages, means a unit of 31 gallons. The term "ton" "Ton" means a unit of 2,000 pounds avoirdupois weight. The term "cord", "Cord," when used in connection with wood intended for fuel purposes, means the amount of wood that is contained in a space of 128 cubic feet when the wood is ranked and well stowed.

Note: Deletes superfluous language and conforms punctuation to current style.

196,79 Section 79. 108.15 (1) of the statutes is renumbered 108.15 (1r) and amended to read:

108.15 (1r) Benefit payments. Benefits shall be payable from the fund to any public employee, if unemployed and otherwise eligible, based on "employment" by any government unit which that is an "employer" covered by this chapter.

Note: Renumbers provision to accommodate the renumbering of s. 108.15 (7) (a) by this bill. Removes unnecessary quotation marks.

196,80 Section 80. 108.15 (7) (a) of the statutes is renumbered 108.15 (1g) and amended to read:

108.15 (1g) Definition. " State", as used in In this section, "state" includes all state constitutional offices, all branches of state government, all agencies, departments, boards, commissions, councils, committees, and all other parts or subdivisions of state government however organized or designated.

Note: Restructures sentence consistent with current style for definitions. Renumbers definition to beginning of section consistent with current style.

196,81 Section 81. 114.65 (1), (2) (a) 1., 2. and 5. and (3) (a) of the statutes are amended to read: