2015 Wisconsin Act 196

196,86 Section 86. 186.71 (2) of the statutes is amended to read:

186.71 (2) Any photographic, photostatic, or miniature photographic copy or reproduction or copy reproduced from a film record or any copy of a record generated from optical disk disc storage of a credit union record is considered to be an original record for all purposes and shall be treated as an original record in all courts or administrative agencies for the purpose of its admissibility in evidence. A facsimile, exemplification, or certified copy of any such photographic copy or reproduction, copy reproduced from a film record, or copy generated from optical disk disc storage of a record shall, for all purposes, be considered a facsimile, exemplification, or certified copy of the original record.

196,87 Section 87. 214.75 (5) (b) of the statutes is amended to read:

214.75 (5) (b) Any photographic, photostatic, or miniature photographic copy or reproduction or copy reproduced from a film record or any copy of a record generated by optical disk disc storage of a savings bank record shall be considered to be an original record for all purposes and shall be treated as an original record in all courts or administrative agencies for the purpose of its admissibility in evidence. A facsimile, exemplification, or certified copy of a photographic copy or reproduction, copy reproduced from a film record, or copy generated from optical disk disc storage of a record shall, for all purposes, be considered to be a facsimile, exemplification, or certified copy of the original record.

196,88 Section 88. 215.26 (4) (b) of the statutes is amended to read:

215.26 (4) (b) Any photographic, photostatic, or miniature photographic copy or reproduction or copy reproduced from a film record or any copy of a record generated by optical disk disc storage of an association record shall be deemed to be an original record for all purposes and shall be treated as an original record in all courts or administrative agencies for the purpose of its admissibility in evidence. A facsimile, exemplification, or certified copy of any such photographic copy or reproduction, copy reproduced from a film record, or copy generated from optical disk disc storage of a record shall, for all purposes, be deemed a facsimile, exemplification, or certified copy of the original record.

196,89 Section 89. 220.285 (2) of the statutes is amended to read:

220.285 (2) Any photographic, photostatic, or miniature photographic copy or reproduction or copy reproduced from a film record or any copy of a record generated from optical disk disc storage of a bank record or record of a licensee or registered person is considered to be an original record for all purposes and shall be treated as an original record in all courts or administrative agencies for the purpose of its admissibility in evidence. A facsimile, exemplification, or certified copy of any such photographic copy or reproduction, copy reproduced from a film record, or copy generated from optical disk disc storage of a record shall, for all purposes, be considered a facsimile, exemplification, or certified copy of the original record.

196,90 Section 90. 227.01 (2) of the statutes is amended to read:

227.01 (2) "Code"," when used without further modification, means the Wisconsin administrative code under s. 35.93.

Note: Conforms punctuation to current style.

196,91 Section 91. 227.21 (2) (b) of the statutes is amended to read:

227.21 (2) (b) The attorney general shall consent to incorporation by reference only in a rule of limited public interest and in a case where the incorporated standards are readily available in published form or are available on optical disk disc or in another electronic format. Each rule containing an incorporation by reference shall state how the material incorporated may be obtained and, except as provided in s. 601.41 (3) (b), that the standards are on file at the offices of the agency and the legislative reference bureau.

196,92 Section 92. 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 that 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 disc or electronic storage any document, court order, plat, paper, written instrument, writings, record, or book of record which that 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).

196,93 Section 93. 228.03 (1) of the statutes is amended to read:

228.03 (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 disc 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.

196,94 Section 94. 228.03 (2) of the statutes is amended to read:

228.03 (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 disc 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 disc 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 disc 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 disc 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 disc 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.

196,95 Section 95. 229.24 (4) (a) of the statutes is renumbered 229.24 (4) (a) (intro.) and amended to read:

229.24 (4) (a) (intro.) The word "convention" when used in In this subsection:

1. "Convention" means a county, state, or national assembly of duly authorized, chosen, or elected delegates or representatives meeting to accomplish some specific commercial, industrial, labor, civil, social, scientific, or educational object.

Note: Conforms definition provision to current style. Deletes unnecessary word. See the next section of this bill.

196,96 Section 96. 229.24 (4) (b) of the statutes is renumbered 229.24 (4) (a) 2. and amended to read:

229.24 (4) (a) 2. The term "patriotic "Patriotic affairs" in this subsection means affairs given for the encouragement and support of the government in time of war, or for the benefit and support of soldiers, sailors, or marines who have been, or are in the service of the United States, including memorial exercises, exhibitions, fairs, reunions, entertainments, or barracks for such persons, and to all of which affairs the public is admitted without charge.

Note: Conforms definition provision to current style. See the previous section of this bill.

196,97 Section 97. 230.03 (10m) of the statutes is amended to read:

230.03 (10m) "Gender group", " when used in connection with affirmative action under this chapter, does not include groups discriminated against because of sexual orientation, as defined in s. 111.32 (13m).

Note: Conforms punctuation to current style.

196,98 Section 98. 233.12 (1), (2) (a) (intro.), 1., 2., 4. and 5. and (3) of the statutes are amended to read:

233.12 (1) (a) Subject to rules promulgated by the department of administration under s. 16.611, the authority may transfer to or maintain in optical disk disc or electronic format any record in its custody and retain the record in that format only.

(b) Subject to rules promulgated by the department of administration under s. 16.611, the authority shall maintain procedures to ensure the authenticity, accuracy, reliability, and accessibility of records transferred to or maintained in optical disk disc or electronic format under par. (a).

(c) Subject to rules promulgated by the department of administration under s. 16.611, if the authority transfers to or maintains in optical disk disc or electronic format any records in its custody, the authority shall ensure that the records stored in that format are protected from unauthorized destruction.

(2) (a) (intro.) Any microfilm reproduction of an original record of the authority, or a copy generated from an original record stored in optical disk disc or electronic format, is considered an original record if all of the following conditions are met:

1. Any device used to reproduce the record on film or to transfer the record to optical disk disc or electronic format and generate a copy of the record from optical disk disc or electronic format accurately reproduces the content of the original.

2. The reproduction is on film which complies with the minimum standards of quality for microfilm reproductions, as established by rule of the public records board, or 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 rule of the department of administration under s. 16.611.

4. 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.

5. The custodian of the record designated by the authority executes a statement of intent and purpose describing the record to be reproduced or 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 microfilmed or transferred to optical disk disc or electronic format in the normal course of business and files the statement in the offices of the authority.

(3) (a) Any microfilm reproduction of a record of the authority meeting the requirements of sub. (2) or copy of a record of the authority generated from an original record stored in optical disk disc or electronic format in compliance with this section shall be taken as, stand in lieu of, and have all the effect of the original document 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.

(b) Any enlarged copy of a microfilm reproduction of a record of the authority made as provided by this section or any enlarged copy of a record of the authority generated from an original record stored in optical disk disc or electronic format in compliance with this section that is certified by the custodian as provided in s. 889.08 shall have the same force as an actual-size copy.

196,99 Section 99. 234.35 (1) of the statutes is amended to read:

234.35 (1) In this section, "minority business "," "minority financial adviser," and "minority investment firm" mean a business, financial adviser, and investment firm, respectively, certified by the department of administration under s. 16.287 (2).

Note: Conforms punctuation to current style.

196,100 Section 100. 240.001 of the statutes is created to read:

240.001 Definitions. In this chapter:

(1) "Conveyance" includes every instrument in writing except a last will and testament, whatever its form, and by whatever name it is known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered.

(2) "Estate and interest in lands" includes every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in lands.

(3) "Lands" means lands, tenements, and hereditaments.

Note: Sections 243.03 and 243.04, which contain definitions applicable to chs. 240 and 243 are renumbered to the beginning of ch. 243 as s. 243.001, amended to modernize language, and made applicable only to ch. 243 by this bill. This section creates a section identical to s. 243.001, as renumbered and amended, in order to provide identical definitions applicable to ch. 240.

196,101 Section 101. 241.05 of the statutes is renumbered 241.05 (2).

Note: Sections 241.05 to 241.07 relate to a single subject and are combined into a single section consistent with current style. See the next 2 sections of this bill.

196,102 Section 102. 241.06 of the statutes is renumbered 241.05 (1) and amended to read:

241.05 (1) "Creditors" defined. The term In this section, "creditors," as used in s. 241.05, shall be construed to include" includes all persons who shall be creditors of the vendor or assignor at any time while such the goods and chattels shall described in sub. (2) remain in the vendor's or assignor's possession or control.

Note: Moves a definition applicable to s. 241.05 to that section and restructures the sentence consistent with current style. See the next and previous sections of this bill.

196,103 Section 103. 241.07 of the statutes is renumbered 241.05 (3) and amended to read:

241.05 (3) Excepted cases. Nothing contained in ss. 241.05 and 241.06 this section shall be construed to apply to contracts of bottomry or respondentia, nor to assignments or hypothecations of vessels or goods at sea or in foreign ports, or without this state; provided, the assignee or mortgagee shall take possession of such ship, vessels, or goods as soon as may be after the arrival thereof within this state.

Note: See the previous 2 sections of this bill.

196,104 Section 104. 243.001 (intro.) of the statutes is created to read:

243.001 Definitions. (intro.) In this chapter:

Note: Sections 243.03 and 243.04, which contain definitions, are renumbered to the beginning of the chapter consistent with current style. This section creates a necessary title and introductory provision for those definitions. See the next 2 sections of this bill.

196,105 Section 105. 243.03 of the statutes is renumbered 243.001 (3) and amended to read:

243.001 (3) "Lands" defined. The term "lands", as used in chs. 240 to 243, shall be construed as coextensive in meaning with "lands "Lands" means lands, tenements, and hereditaments"; and the term "estate.

(2) "Estate and interest in lands" shall be construed to embrace includes every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent, in lands as above defined.

Note: Restructures and modernizes the language of a definition provision and places it at the beginning of chapter 243, to which it applies, consistent with current style. Identical definition provisions for ch. 240 are created in s. 240.001 by this bill. The defined terms are not used in the text of chs. 241 and 242. See also the next section of this bill.

196,106 Section 106. 243.04 of the statutes is renumbered 243.001 (1) and amended to read:

243.001 (1) "Conveyance" defined. The term "conveyance," as used in chs. 240, 241 and 243, shall be construed to embrace "Conveyance" includes every instrument in writing except a last will and testament, whatever may be its form, and by whatever name it may be is known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered.

Note: Restructures and modernizes the language of a definition provision and places it at the beginning of ch. 243, to which it applies, consistent with current style. The defined term is not used in the text of ch. 241. An identical definition provision for ch. 240 is created in s. 240.001 by this bill. See also the previous section of this bill.

196,107 Section 107. 281.165 (3) (b) of the statutes is amended to read:

281.165 (3) (b) Before any person engages in the activity described in par. (a), the U.S. Army Corps army corps of Engineers engineers shall have issued a permit for the activity that contains a mitigation plan that requires the creation of at least 1.5 acres of wetland for each acre of wetland affected by the activity.

Note: Conforms capitalization to current style.

196,108 Section 108. 283.31 (2) (b) of the statutes is amended to read:

283.31 (2) (b) Any discharge which the secretary of the army acting through the chief of the U.S. army corps of engineers has objected to in writing on the ground that anchorage and navigation would be substantially impaired.

Note: Conforms agency reference to current style.

196,109 Section 109. 295.465 (1) (intro.) and (4) of the statutes are amended to read:

295.465 (1) (intro.) Except as provided in sub. (3), at least 12 months before filing an application for a mining permit under s. 295.47, a person proposing to engage in a mining project shall notify the department and the U.S. Army Corps army corps of Engineers engineers in writing of the intention to file an application for a mining permit. After receiving the notification, the department shall hold at least one meeting with the person to make a preliminary assessment of the project's scope, to make an analysis of alternatives, to identify potential interested persons, and to ensure that the person making the proposal is aware of all of the following:

(4) After providing notice to the U.S. Army Corps army corps of Engineers engineers under sub. (1), a person shall make a good faith effort to meet with the U.S. Army Corps army corps of Engineers engineers to discuss the mining project, the environmental impact report, and information related to federal requirements that may be applicable to the mining project.

Note: Conforms capitalization to current style.

196,110 Section 110. 295.57 (4) (b) 7. and (7) (a) 1. of the statutes are amended to read:

295.57 (4) (b) 7. The federal environmental protection agency, U.S. Army Corps army corps of Engineers engineers, and states potentially affected by the proposed discharge if a water discharge permit under ch. 283 or a wetland permit that constitutes a water quality certification as required by 33 USC 1341 (a) is to be considered at the public informational hearing.

(7) (a) 1. An extension is necessary to enable the department and the U.S. Army Corps army corps of Engineers engineers to jointly prepare their environmental impact statements.

Note: Conforms capitalization to current style.

196,111 Section 111. 295.60 (2) and (4) (e) of the statutes are amended to read:

295.60 (2) Wetland determinations and delineations. For purposes of this section, wetland determinations and wetland boundary delineations shall be consistent with the U.S. Army Corps army corps of Engineers engineers 1987 Wetlands Delineation Manual and any final regional supplement to the manual. Any owner or lessee of land, or a holder of an easement in land, may request that the department provide a wetland determination or wetland boundary delineation for an application for a wetland individual permit under this section or for another approval for which a wetland impact evaluation is required. The department may rely on wetland determinations and wetland boundary delineations made by other agencies and consultants. If the applicant has provided information to the department that is identified in the manual or any final regional supplement as being sufficient to make a wetland determination or a delineation of boundaries, the department may visit a mining site to conduct surveys or gather additional site-specific quantitative data provided that the department does not discontinue the processing of the application to do so.

(4) (e) Method for assessing impacts. In issuing a wetland individual permit under this section or in conducting a wetland impact evaluation, the department shall determine the impact of a proposed discharge or other activity upon the wetland functional values by using wetland ecological evaluation methods that are jointly accepted by the U.S. Army Corps army corps of Engineers engineers and the department and that are appropriate to the affected wetland.

Note: Conforms capitalization to current style.

196,112 Section 112. 340.01 (15q) of the statutes is renumbered 340.01 (38r).

Note: Places definition in alphabetical order.

196,113 Section 113. 345.20 (1) (a) of the statutes is amended to read:

345.20 (1) (a) "Judge" has the meaning specified in s. 967.02 (6) (2m).