AB150: Bill Text

AB150,2039,15 227.03 (3m) (b) Only the provisions of this chapter relating to rules are applicable to matters arising out of protection against discrimination in a public place of accommodation or amusement under s. 101.22 106.04 (9) and (10).

AB150, s. 6226 Section 6226. 227.03 (4) of the statutes, as affected by 1993 Wisconsin Act 377, is amended to read:

AB150,2039,24 227.03 (4) The provisions of this chapter relating to contested cases do not apply to proceedings involving the revocation of aftercare supervision under s. 48.357 (5) or 48.366 (5) or corrective sanctions supervision under s. 48.357 (5) or youthful serious juvenile offender supervision under s. 48.537 (4), the revocation of parole or probation, the grant of probation, prison discipline, mandatory release under s. 302.11 or any other proceeding involving the care and treatment of a resident or an inmate of a correctional institution.

AB150, s. 6227 Section 6227. 227.40 (2) (e) of the statutes is amended to read:

AB150,2040,5 227.40 (2) (e) Proceedings under s. 66.191, 1981 stats., or s. 40.65 (2), 101.22 106.04, 303.07 (7) or 303.21 or ss. 227.52 to 227.58 or under ch. 102, 108 or 949 for review of decisions and orders of administrative agencies if the validity of the rule involved was duly challenged in the proceeding before the agency in which the order or decision sought to be reviewed was made or entered.

AB150, s. 6228 Section 6228. 227.43 (1) (bk) of the statutes is created to read:

AB150,2040,10 227.43 (1) (bk) Assign a hearing examiner to preside over any hearing or review under ss. 26.20 (3) and (10), 84.05, 88.66 (2), 88.87 (4), 88.88 (2), 190.02 (6), 190.16 (4) and (5), 192.324, 192.34, 192.52, 192.56, 195.28 (1), 195.285 (1), 195.29 (10), 195.295, 195.30 (1), 195.305, 195.31, 195.32, 195.325 and 195.60.

AB150, s. 6229 Section 6229. 227.43 (5) of the statutes is amended to read:

AB150,2040,14 227.43 (5) The department of transportation shall pay all costs of the services of a hearing examiner assigned under sub. (1) (bg) or (bk) or assigned to the department under sub. (1) (br), according to the fee schedule under sub. (3) (b).

AB150, s. 6230 Section 6230. 227.46 (2m) of the statutes is amended to read:

AB150,2041,7 227.46 (2m) In any hearing or review assigned to a hearing examiner under s. 227.43 (1) (bg) or (bk), the hearing examiner presiding at the hearing shall prepare a proposed decision, including findings of fact, conclusions of law, order and opinion, in a form that may be adopted as the final decision in the case. The proposed decision shall be a part of the record and shall be served by the division of hearings and appeals in the department of administration on all parties. Each party adversely affected by the proposed decision shall be given an opportunity to file objections to the proposed decision within 15 days, briefly stating the reasons and authorities for each objection, and to argue with respect to them before the administrator of the division of hearings and appeals. The administrator of the division of hearings and appeals may direct whether such argument shall be written or oral. If the decision of the administrator of the division of hearings and appeals varies in any respect from the decision of the hearing examiner, the decision of the administrator of the division of hearings and appeals shall include an explanation of the basis for each variance. The decision of the administrator of the division of hearings and appeals is a final decision of the agency subject to judicial review under s. 227.52. The department of transportation may petition for judicial review.

AB150, s. 6231 Section 6231. 227.46 (3) (intro.) of the statutes is amended to read:

AB150,2041,11 227.46 (3) (intro.)  With respect to contested cases except a hearing or review assigned to a hearing examiner under s. 227.43 (1) (bg) or (bk), an agency may by rule or in a particular case may by order:

AB150, s. 6232 Section 6232. 227.485 (2) (e) of the statutes is amended to read:

AB150,2041,14 227.485 (2) (e) "State agency" does not include the public intervenor or citizens utility board.

AB150, s. 6233 Section 6233. 227.52 of the statutes is amended to read:

AB150,2042,2 227.52 Judicial review; decisions reviewable. Administrative decisions which adversely affect the substantial interests of any person, whether by action or inaction, whether affirmative or negative in form, are subject to review as provided in this chapter, except for the decisions of the department of revenue other than decisions relating to alcohol beverage permits issued under ch. 125, decisions of the department of employe trust funds, the commissioner of banking department of financial institutions, the commissioner office of credit unions, the commissioner of savings and loan, the board of state canvassers and those decisions of the department of industry, labor and human relations which are subject to review, prior to any judicial review, by the labor and industry review commission, and except as otherwise provided by law.

AB150, s. 6234 Section 6234. 227.53 (1) (b) 2. of the statutes is amended to read:

AB150,2042,5 227.53 (1) (b) 2. The banking review board or the consumer credit review board, the commissioner of banking department of financial institutions.

AB150, s. 6235 Section 6235. 227.53 (1) (b) 3. of the statutes is amended to read:

AB150,2042,8 227.53 (1) (b) 3. The credit union review board, the commissioner office of credit unions.

AB150, s. 6236 Section 6236. 227.53 (1) (b) 4. of the statutes is amended to read:

AB150,2042,14 227.53 (1) (b) 4. The savings and loan review board, the commissioner of savings and loan department of financial institutions, except if the petitioner is the commissioner of savings and loan department of financial institutions, the prevailing parties before the savings and loan review board shall be the named respondents.

AB150, s. 6237 Section 6237. 227.53 (1) (b) 5. of the statutes is amended to read:

AB150,2042,20 227.53 (1) (b) 5. The savings bank review board, the commissioner of savings and loan department of financial institutions, except if the petitioner is the commissioner of savings and loan department of financial institutions, the prevailing parties before the savings bank review board shall be the named respondents.

AB150, s. 6238 Section 6238. 227.59 of the statutes is amended to read:

AB150,2043,13 227.59 Certification of certain cases from the circuit court of Dane county to other circuits. Any action or proceeding for the review of any order of an administrative officer, commission, department or other administrative tribunal of the state required by law to be instituted in or taken to the circuit court of Dane county except an action or appeal for the review of any order of the department of industry, labor and human relations or the department of development or findings and orders of the labor and industry review commission which is instituted or taken and is not called for trial or hearing within 6 months after the proceeding or action is instituted, and the trial or hearing of which is not continued by stipulation of the parties or by order of the court for cause shown, shall on the application of either party on 5 days' written notice to the other be certified and transmitted for trial to the circuit court of the county of the residence or principal place of business of the plaintiff or petitioner, where the action or proceeding shall be given preference. Unless written objection is filed within the 5-day period, the order certifying and transmitting the proceeding shall be entered without hearing. The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane county a fee of $2 for transmitting the record.

AB150, s. 6239 Section 6239. 228.01 of the statutes is amended to read:

AB150,2044,4 228.01 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 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. 59.145 (1).

AB150, s. 6240 Section 6240. 228.03 of the statutes is amended to read:

AB150,2044,13 228.03 Copy to be deemed to be original record. (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 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.

AB150,2045,6 (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 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 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 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 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.

AB150, s. 6241 Section 6241. 228.04 of the statutes is amended to read:

AB150,2045,19 228.04 Inspection of records and copies of records. Every custodian of public records in counties having a population of 500,000 or more shall keep them in such arrangement and condition as to make them easily accessible for convenient use. Photographic, photostatic, microphotographic, microfilm or other mechanical process of reproduction of public records or optical imaging or electronic formatting of public records shall be considered as accessible for convenient use, provided that a suitable means for public inspection of the records is provided by the custodian. Except as otherwise expressly provided by law, the custodian shall permit all public records in his or her custody to be inspected, examined, abstracted or copied at reasonable times and under his or her supervision and regulation by any person; and the custodian shall, upon the demand of any person, furnish certified copies thereof on payment in advance of fees not to exceed the fees prescribed by law.

AB150, s. 6242 Section 6242. 228.05 of the statutes is amended to read:

AB150,2046,6 228.05 Marginal references. The register of deeds of any county having a population of 500,000 or more who has copied a document by microphotography, microfilm, or optical imaging or electronic formatting that is accepted by him or her for recording or filing shall also, as a substitute for marginal references required, prepare an index for documents of ancillary nature for which marginal references are required. Such index for ancillary documents shall be prepared and maintained to show the document number or volume and page of the original recording or filing plus a record of any recordings or filings affecting or pertinent to such original recording or filing requiring marginal references subsequent to the date on which the county begins such recording or recopying by microphotography, microfilm , or optical imaging or electronic formatting.

AB150, s. 6243 Section 6243. 230.03 (3) of the statutes is amended to read:

AB150,2046,13 230.03 (3) "Agency" means any state board, commission, committee, council, or department in the state or unit thereof created by the constitution or statutes if such board, commission, committee, council, department, unit or the head thereof, is authorized to appoint subordinate staff by the constitution or statute, except a legislative or judicial board, commission, committee, council, department or unit thereof or an authority created under ch. 231, 232, 233, 234 or 235.

AB150, s. 6244 Section 6244. 230.048 of the statutes is repealed.

AB150, s. 6245 Section 6245. 230.08 (2) (b) of the statutes is amended to read:

AB150,2046,17 230.08 (2) (b) All officers and employes of the state appointed by the governor whether subject to confirmation or not, unless otherwise provided.

AB150, s. 6246 Section 6246. 230.08 (2) (e) 3. of the statutes is amended to read:

AB150,2046,19 230.08 (2) (e) 3. Development Commerce — 5 6.

AB150, s. 6247 Section 6247. 230.08 (2) (e) 3m. of the statutes is amended to read:

AB150,2046,21 230.08 (2) (e) 3m. Educational communications board — 4 3.

AB150, s. 6248 Section 6248. 230.08 (2) (e) 3s. of the statutes is created to read:

AB150,2046,23 230.08 (2) (e) 3s. Employment commission -- 1.

AB150, s. 6249 Section 6249. 230.08 (2) (e) 4f. of the statutes is created to read:

AB150,2046,25 230.08 (2) (e) 4f. Financial institutions — 5.

AB150, s. 6250 Section 6250. 230.08 (2) (e) 4m. of the statutes is amended to read:

AB150,2047,2 230.08 (2) (e) 4m. Gaming commission — 4 3.

AB150, s. 6251 Section 6251. 230.08 (2) (e) 5. of the statutes is amended to read:

AB150,2047,4 230.08 (2) (e) 5. Health and social services — 7 5.

****Note: This is reconciled s. 230.08 (2) (e) 5. This Section has been affected by drafts with the following LRB numbers: -2153/1 and -2182/5.

AB150, s. 6252 Section 6252. 230.08 (2) (e) 6. of the statutes is amended to read:

AB150,2047,6 230.08 (2) (e) 6. Industry, labor and human relations — 7 9.

****Note: This is reconciled s. 230.08 (2) (e) 6. This Section has been affected by drafts with the following LRB numbers: 2153/1; 2182/5; 2298/5; and 2243/2.

AB150, s. 6253 Section 6253. 230.08 (2) (e) 9. of the statutes is renumbered 230.08 (2) (e) 3g. and amended to read:

AB150,2047,9 230.08 (2) (e) 3g. Public instruction Education — 5.

AB150, s. 6254 Section 6254. 230.08 (2) (e) 11m. of the statutes is created to read:

AB150,2047,11 230.08 (2) (e) 11m. Tourism and parks — 3.

AB150, s. 6255 Section 6255. 230.08 (2) (fq) of the statutes is created to read:

AB150,2047,14 230.08 (2) (fq) The director of the Indian gaming subunit, described under s. 561.14, in the gaming commission.

AB150, s. 6256 Section 6256. 230.08 (2) (fr) of the statutes is created to read:

AB150,2047,17 230.08 (2) (fr) The director of a charitable gaming and crane games subunit, described in s. 561.12, in the gaming commission.

AB150, s. 6257 Section 6257. 230.08 (2) (fs) of the statutes is amended to read:

AB150,2048,2 230.08 (2) (fs) All deputies of department secretaries appointed under s. 15.04 (2) and executive assistants to department secretaries appointed under s. 15.05 (3), including those appointed by the attorney general, the adjutant general , and the director of the technical college system and the state superintendent of public instruction.

AB150, s. 6258 Section 6258. 230.08 (2) (g) of the statutes is amended to read:

AB150,2048,7 230.08 (2) (g) One stenographer appointed by each elective executive officer, other than the state treasurer, and one deputy or assistant appointed by each elective executive officer except the attorney general and superintendent of public instruction.

AB150, s. 6259 Section 6259. 230.08 (2) (gm) of the statutes is created to read:

AB150,2048,9 230.08 (2) (gm) The security liaison of the gaming commission.

AB150, s. 6260 Section 6260. 230.08 (2) (j) of the statutes is repealed.

AB150, s. 6261 Section 6261. 230.08 (2) (jg) of the statutes is repealed.

AB150, s. 6262 Section 6262. 230.08 (2) (jr) of the statutes is created to read:

AB150,2048,14 230.08 (2) (jr) The directors of the field districts in the department of natural resources.

AB150, s. 6263 Section 6263. 230.08 (2) (L) 1. of the statutes is repealed.

AB150, s. 6264 Section 6264. 230.08 (2) (L) 3. of the statutes is renumbered 230.08 (2) (em) and amended to read:

AB150,2048,19 230.08 (2) (em) Office The director of commissioner of credit unions, created under s. 15.59.

AB150, s. 6265 Section 6265. 230.08 (2) (L) 3r. of the statutes is created to read:

AB150,2048,21 230.08 (2) (L) 3r. Gaming commission.

AB150, s. 6266 Section 6266. 230.08 (2) (L) 4. of the statutes is repealed.

AB150, s. 6267 Section 6267. 230.08 (2) (L) 6. of the statutes is repealed.

AB150, s. 6268 Section 6268. 230.08 (2) (L) 7. of the statutes is repealed.

AB150, s. 6269 Section 6269. 230.08 (2) (Ls) of the statutes is created to read:

AB150,2049,1 230.08 (2) (Ls) Chief legal counsel in the department of financial institutions.

AB150, s. 6270 Section 6270. 230.08 (2) (m) 2. of the statutes is amended to read:

AB150,2049,4 230.08 (2) (m) 2. Employment relations commission, created under s. 15.58 15.80.

AB150, s. 6271 Section 6271. 230.08 (2) (m) 2m. of the statutes is repealed.