1995 Wisconsin Act 27

27,47p Section 47p. 14.015 (2) (title) of the statutes is renumbered 15.705 (3) (title).

27,47pg Section 47pg. 14.015 (2) of the statutes is renumbered 15.705 (3) (a), and 15.705 (3) (a) (intro.) and 5. (intro.), as renumbered, are amended to read:

15.705 (3) (a) (intro.) There is created a Wisconsin sesquicentennial commission which is attached to the office of the governor historical society under s. 15.03. The commission shall consist of the following members appointed by the governor:

5. (intro.) One A representative of each of the following communities in this state:

27,48 Section 48 . 14.017 (2) of the statutes is amended to read:

14.017 (2) State council on alcohol and other drug abuse. There is created in the office of the governor a state council on alcohol and other drug abuse consisting of the governor, the attorney general, the state superintendent secretary of public instruction education, the secretary of health and social services, the commissioner of insurance, the secretary of corrections, the secretary of transportation and the chairperson of the pharmacy examining board, or their designees; a representative of the controlled substances board; a representative of any governor's committee or commission created under subch. I of ch. 14 to study law enforcement issues; 6 members, one of whom is a consumer representing the public at large, with demonstrated professional, research or personal interest in alcohol and other drug abuse problems, appointed for 4-year terms; a representative of an organization or agency which is a direct provider of services to alcoholics and other drug abusers; a member of the Wisconsin county human service association, inc., who is nominated by that association; and 2 members of each house of the legislature, representing the majority party and the minority party in each house, chosen as are the members of standing committees in their respective houses. Section 15.09 applies to the council.

27,48g Section 48g. 14.19 (4) of the statutes is created to read:

14.19 (4) The governor shall appoint an employe of the office of the governor as the family literacy advocate to establish a statewide program to improve family literacy.

27,48m Section 48m. 14.26 (title) and (1) of the statutes are renumbered 44.25 (title) and (1).

27,48n Section 48n. 14.26 (2) of the statutes is renumbered 44.25 (2) and amended to read:

44.25 (2) The commission shall submit an annual report to the governor and to the legislature under s. 13.172 (2) regarding its activities upon the governor's request on each March 1 until March 1, 1998.

27,48ng Section 48ng. 14.26 (3) and (4) of the statutes are renumbered 44.25 (3) and (4).

27,48p Section 48p. 14.26 (5) of the statutes is renumbered 15.705 (3) (c).

27,48q Section 48q. 14.26 (6) of the statutes is renumbered 44.25 (6) and amended to read:

44.25 (6) The commission shall report to the governor upon completion of complete its activities and, upon submit a final report regarding its activities to the governor, and to the legislature under s. 13.172 (2) no later than June 1, 1999. Upon acceptance of the report by the governor, the commission shall cease to exist.

27,49b Section 49b. 14.367 of the statutes is renumbered 15.187, and 15.187 (1) (a) (intro.) and (b), as renumbered, are amended to read:

15.187 (1) (a) (intro.) There is created in the office of the secretary of state department of financial institutions a uniform commercial code statewide lien system council. The council shall consist of the administrator of the division of information technology services in the department of administration or the administrator's designee and the following members appointed by the secretary of state the department of financial institutions for 6-year terms:

(b) The council shall advise the secretary of state department of financial institutions on the uniform commercial code statewide lien system under s. 409.410.

27,50b Section 50b. 14.38 (9) of the statutes is amended to read:

14.38 (9) Furnish certified copies; fees. Make a copy of any law, resolution, deed, bond, record, document or paper deposited or kept in his or her office, upon request therefor, attach thereto his or her certificate, with the greater or lesser seal affixed, and collect therefor 50 cents per page and $5 for such certificate; if a copy is not to be certified and if the reproduction is performed by the office of the secretary of state, then collect a fee to cover the actual and necessary cost of reproduction and actual and necessary cost of transcription required to produce the copy or $2, whichever is greater; also to record any document authorized or required by law to be recorded in his or her office, and to charge therefor a fee of $1 per page. The fee for certified copies of appointments, certificates of incorporations or amendments, licenses of foreign corporations, or similar certificates, and for certificates as to results of search of the records and files of his or her office, when a printed form is used, shall be $5, but when a specially prepared form is required the fee shall be $10. Telegraphic reports as to results of record searches shall be $5 plus the cost of the telegram. The secretary of state shall charge and collect for preparing any record or certificate under this subsection in an expeditious manner, an expedited service fee of $25 in addition to the fee otherwise required under this subsection, except that only one expedited service fee may be charged for multiple identical corporation or limited partnership certificates of status if the certificates of status are requested at the same time and issued at the same time.

27,51c Section 51c. 14.38 (12) of the statutes is renumbered 182.01 (6) and amended to read:

182.01 (6) Discrimination by corporations or limited liability companies. If a complaint is made to the secretary of state department that any corporation or limited liability company authorized to do business in this state is guilty of discrimination under s. 100.22, refer the matter to the department of agriculture, trade and consumer protection, which shall, if the facts justify it in its judgment, cause appropriate administrative or judicial proceedings to be commenced against the corporation or limited liability company and its officers or managers and members.

27,52b Section 52b. 14.38 (13) (title) of the statutes is repealed.

27,52c Section 52c. 14.38 (13) of the statutes is renumbered 220.02 (7) and amended to read:

220.02 (7) Establish The division shall establish and maintain, in consultation with the uniform commercial code statewide lien system council, computer and any other services necessary to support the uniform commercial code statewide lien system under s. 409.410 but may not maintain a central filing system, as defined in 7 USC 1631 (c) (2), for farm products, as defined in 7 USC 1631 (c) (5).

27,53ad Section 53ad. 14.38 (14) of the statutes is renumbered 182.01 (3), and 182.01 (3) (intro.), as renumbered, is amended to read:

182.01 (3) Name of drafter on documents. (intro.) No articles of incorporation, articles of organization, articles of amendment, articles of merger, consolidation or share exchange, articles of dissolution, restated articles of incorporation, certificate of abandonment, or statement or articles of revocation of voluntary dissolution, provided for pursuant to ch. 180, 181, 183, 185 or 187 and no certificate of limited partnership, certificate of amendment, restated certificate of limited partnership or certificate of cancellation, provided for pursuant to ch. 179, shall be filed by the secretary of state department unless the name of the individual who, or the governmental agency which, drafted such document is printed, typewritten, stamped or written thereon in a legible manner. A document complies with this subsection if it contains a statement in the following form: “This document was drafted by .... (Name)". This subsection shall not apply to a document executed prior to December 1, 1967, or to:

27,59 Section 59 . 14.59 of the statutes is created to read:

14.59 Training conferences. The state treasurer may conduct conferences for the purpose of training county and municipal clerks and treasurers, and employes of their offices, in their official responsibilities. The treasurer may charge participants in any conference a fee for participation which shall not exceed the proportionate cost of conducting the conference. The treasurer shall credit all revenues from fees assessed under this section to the appropriation account under s. 20.585 (1) (h).

27,65 Section 65 . 14.82 (1) (intro.) of the statutes is amended to read:

14.82 (1) (intro.) Minnesota-Wisconsin. There is created a commission of 5 citizens nominated by the governor, and with the advice and consent of the senate appointed, for staggered 5-year terms, to represent this state on the joint Minnesota-Wisconsin boundary area commission. Any vacancy shall be filled for the balance of the unexpired term. To assist the commission, there is created a legislative advisory committee comprising 4 senators and 6 representatives to the assembly appointed as are the members of standing committees in their respective houses, and a technical advisory committee of 2 members appointed by the governor and one member each appointed by the governing board or head of the following agencies, to represent such agencies: the department of justice, the department of administration, the department of agriculture, trade and consumer protection, the department of natural resources, the department of health and social services, the public service commission, the department of tourism and the department of development. The members of the commission and the members of its advisory committees shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties, from the appropriation made by s. 20.315 (1), on vouchers approved by the Wisconsin member of the commission selected to serve as its chairperson or vice chairperson. All other expenses incurred by the commission in the course of exercising its powers and duties, unless met in some other manner specifically provided by statute, shall be paid by the commission out of its own funds.

27,66 Section 66 . 14.85 (2) of the statutes is amended to read:

14.85 (2) The secretaries secretary of development, the secretary of tourism, the secretary of natural resources and, the secretary of transportation, and the director of the historical society, or their designees, shall serve as nonvoting members of the commission.

27,67 Section 67 . 14.85 (8) (d) of the statutes is amended to read:

14.85 (8) (d) If permitted by law, any state agency or local public body, board, commission or agency may allocate funds under its control to fund programs recommended by the commission. If the department of development determines that a program recommended by the commission to undertake activities relating to the promotion of tourism and economic development is consistent with the department's statewide tourism marketing and economic development plans, priorities and resources, the department shall have primary responsibility to support the activities of the program. If the department of tourism determines that a program recommended by the commission to undertake activities relating to the promotion of tourism is consistent with the department's statewide tourism marketing plans, priorities and resources, the department shall have primary responsibility to support the activities of the program.

27,68 Section 68 . 14.85 (9) of the statutes is amended to read:

14.85 (9) The commission may establish a technical committee to advise the commission. The members of the committee shall include at least one employe each from the departments department of transportation, the department of tourism and the department of development. The commission shall request the departments department of transportation, the department of tourism and the department of development to designate employes to serve on the committee and may request any other state agency to designate an employe to serve on the committee.

27,71 Section 71 . Subchapter VI of chapter 14 [precedes 14.91] of the statutes is created to read:

Chapter 14

SuBCHAPTER vi
Office of the state superintendent
Of public instruction

14.91 Creation of office of the state superintendent of public instruction. There is created an office of the state superintendent of public instruction attached to the department of education under s. 15.03. The office shall be under the direction and supervision of the state superintendent of public instruction.

14.93 Duties of state superintendent of public instruction. (1) The state superintendent of public instruction shall do all of the following:

(a) Visit, ascertain the condition of and stimulate public interest in the public elementary and secondary schools of this state.

(b) Advocate for the needs of the children of this state and the school districts of this state.

(c) Provide information to the public on the public elementary and secondary schools and school districts of this state.

(d) Annually submit to the governor, and to the legislature under s. 13.172 (2), a plan for improving the public elementary and secondary schools of this state and for improving the academic achievement of public elementary and secondary school pupils.

(e) Annually by October 1, report to the legislature under s. 13.172 (2) his or her activities during the previous fiscal year.

(2) The state superintendent of public instruction may do all of the following:

(a) Designate a staff member as the state superintendent's representative on any body on which the state superintendent is required to serve.

(b) Attend such educational meetings and make such investigations as the state superintendent deems important and as will acquaint the state superintendent with the different systems of public schools in the United States.

27,72 Section 72 . 15.01 (2) of the statutes is amended to read:

15.01 (2) “Commission" means a 3-member governing body in charge of a department or independent agency or of a division or other subunit within a department, except for the sentencing commission which shall consist of 17 education commission which shall consist of 11 members, the Wisconsin waterways commission which shall consist of 5 members, the parole commission which shall consist of 5 members and, the Fox river management commission which shall consist of 7 members and the Wisconsin sesquicentennial commission which shall consist of 29 members. A Wisconsin group created for participation in a continuing interstate body shall be known as a “commission", but is not a commission for purposes of s. 15.06. The parole commission created under s. 15.145 (1) shall be known as a “commission", but is not a commission for purposes of s. 15.06.

27,73 Section 73 . 15.01 (4) of the statutes is amended to read:

15.01 (4) “Council" means a part-time body appointed to function on a continuing basis for the study, and recommendation of solutions and policy alternatives, of the problems arising in a specified functional area of state government, except the Milwaukee river revitalization council has the powers and duties specified in s. 23.18, the council on physical disabilities has the powers and duties specified in s. 46.29 (1) and (2), the privacy council has the powers specified in s. 19.625 and the state council on alcohol and other drug abuse has the powers and duties specified in s. 14.24.

27,74 Section 74 . 15.01 (6) of the statutes is amended to read:

15.01 (6) “Division," “bureau," “section" and “unit" means the subunits of a department or an independent agency, whether specifically created by law or created by the head of the department or the independent agency for the more economic and efficient administration and operation of the programs assigned to the department or independent agency. The office of justice assistance in the department of administration has and the office of credit unions in the department of financial institutions have the meaning of “division" under this subsection. The office of health care information in the office of the commissioner of insurance, the office of the long-term care ombudsman under the board on aging and long-term care and the office of educational accountability in the department of public instruction have the meaning of “bureau" under this subsection.

27,75 Section 75 . 15.02 (1) of the statutes is amended to read:

15.02 (1) Separate constitutional offices. The governor, lieutenant governor, secretary of state, state superintendent of public instruction and state treasurer each head a staff to be termed the “office" of the respective constitutional officer.

27,76 Section 76 . 15.02 (3) (c) 1. of the statutes is amended to read:

15.02 (3) (c) 1. The principal subunit of the department is the “division". Each division shall be headed by an “administrator". The office of justice assistance in the department of administration has and the office of credit unions in the department of financial institutions have the meaning of “division" and the executive staff director of the office of justice assistance in the department of administration has and the director of credit unions have the meaning of “administrator" under this subdivision.

27,76c Section 76c. 15.02 (3) (c) 2m. of the statutes is created to read:

15.02 (3) (c) 2m. Notwithstanding subds. 1. and 2., the principal subunit of the department of tourism is the “bureau", which shall be headed by a “director".

27,77m Section 77m. 15.04 (1) (c) of the statutes is amended to read:

15.04 (1) (c) Advisory bodies. In addition to any councils specifically created by law, create and appoint such councils or committees as the operation of the department or independent agency requires. Each council or committee created under this paragraph is terminated upon expiration of the term of office of the governor during whose term the council or committee is created, unless terminated at an earlier date by the head of the department or independent agency in which the council or committee is created. Members of councils and committees created under this general authority shall serve without compensation, but may be reimbursed for their actual and necessary expenses incurred in the performance of their duties and, if such reimbursement is made, such reimbursement in the case of an officer or employe of this state who represents an agency as a member of such a council or committee shall be paid by the agency which pays the officer's or employe's salary.

27,77n Section 77n. 15.04 (1) (cm) of the statutes is created to read:

15.04 (1) (cm) Termination of certain nonstatutory councils and committees. Notwithstanding par. (c), each council and committee created under that paragraph that is in existence on January 3, 1999, terminates on that date unless the council or committee is terminated at an earlier date by the head of the department or independent agency in which the council or committee is created.

27,77p Section 77p. 15.04 (1) (cm) of the statutes, as created by 1995 Wisconsin Act Wisconsin Act .... (this act), is repealed.

27,78 Section 78 . 15.04 (1) (h) of the statutes is amended to read:

15.04 (1) (h) (title) Report of forms and papers used records management. Annually, no later than September 1, file with the public records and forms board a report which shall include such information relative to records and forms management as may be specified by the board. The report shall cover all previously unsubmitted forms and papers that were required to be filed with the department or independent agency during the preceding fiscal year.

27,79 Section 79 . 15.04 (1) (j) of the statutes is amended to read:

15.04 (1) (j) Records and forms officer. Appoint a records and forms officer, who shall be responsible for reviewing, consolidating, simplifying, designing and filing all records and forms compliance by the department or independent agency with all records and forms management laws and rules and who may prevent any form from being put into use.

27,79h Section 79h. 15.05 (1) (b) of the statutes is amended to read:

15.05 (1) (b) If Except as provided in pars. (c) and (d), if a department is under the direction and supervision of a board, the board shall appoint a secretary to serve at the pleasure of the board outside the classified service. In such departments, the powers and duties of the board shall be regulatory, advisory and policy-making, and not administrative. All of the administrative powers and duties of the department are vested in the secretary, to be administered by him or her under the direction of the board. The secretary, with the approval of the board, shall promulgate rules for administering the department and performing the duties assigned to the department.

27,79r Section 79r. 15.05 (1) (c) of the statutes is created to read:

15.05 (1) (c) The secretary of natural resources shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

27,79s Section 79s. 15.05 (1) (d) of the statutes is created to read:

15.05 (1) (d) The secretary of agriculture, trade and consumer protection shall be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor.

27,81 Section 81 . 15.05 (3m) of the statutes is created to read:

15.05 (3m) Field district or field area directors. Each secretary may appoint a director under the classified service for each district or area office established in his or her department under s. 15.02 (3) (b).

27,82 Section 82 . 15.06 (1) (a) of the statutes is amended to read:

15.06 (1) (a) Except as otherwise provided in this subsection and s. 15.105 (17) ss. 15.37 and 15.705 (3), the members of commissions shall be nominated by the governor, and with the advice and consent of the senate appointed, for staggered 6-year terms expiring on March 1 of the odd-numbered years.

27,84 Section 84 . 15.06 (1) (b) of the statutes is amended to read:

15.06 (1) (b) The commissioners commissioner of banking, credit unions, savings and loan, insurance and securities shall each be nominated by the governor, and with the advice and consent of the senate appointed, to serve at the pleasure of the governor. The governor may remove from office the commissioners commissioner of banking, credit unions, savings and loan, insurance and securities who were was appointed for a fixed term before August 1, 1987.

27,86m Section 86m. 15.06 (1) (f) of the statutes is repealed.

27,88m Section 88m. 15.06 (2) (intro.) of the statutes is amended to read:

15.06 (2) Selection of officers. (intro.) Each Except as provided in s. 44.25 (5), each commission may annually elect officers other than a chairperson from among its members as its work requires. Any officer may be reappointed or reelected. At the time of making new nominations to commissions, the governor shall designate a member or nominee of each commission to serve as the commission's chairperson for a 2-year term expiring on March 1 of the odd-numbered year except that:

27,90m Section 90m. 15.06 (2) (c) of the statutes is created to read:

15.06 (2) (c) The state superintendent of public instruction shall serve as the chairperson of the education commission.

27,91L Section 91L. 15.06 (3) (a) 4m. of the statutes is created to read: