AB687: Bill Text

AB687,98 Section 98. 233.12 (1), (2) (a) (intro.), 1., 2., 4. and 5. and (3) of the statutes are amended to read:

AB687,37,9 233.12 (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.

AB687,37,13 (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).

AB687,37,17 (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.

AB687,37,20 (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:

AB687,37,23 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.

AB687,38,5 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.

AB687,38,8 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.

AB687,38,14 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.

AB687,38,21 (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.

AB687,39,2 (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.

AB687,99 Section 99. 234.35 (1) of the statutes is amended to read:

AB687,39,6 234.35 (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.

AB687,100 Section 100. 240.001 of the statutes is created to read:

AB687,39,8 240.001 Definitions. In this chapter:

AB687,39,11 (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.

AB687,39,13 (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.

AB687,39,14 (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.

AB687,101 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.

AB687,102 Section 102. 241.06 of the statutes is renumbered 241.05 (1) and amended to read:

AB687,40,2 241.05 (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.

AB687,103 Section 103. 241.07 of the statutes is renumbered 241.05 (3) and amended to read:

AB687,40,9 241.05 (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.

AB687,104 Section 104. 243.001 (intro.) of the statutes is created to read:

AB687,40,11 243.001 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.

AB687,105 Section 105. 243.03 of the statutes is renumbered 243.001 (3) and amended to read:

AB687,40,16 243.001 (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.

AB687,40,19 (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.

AB687,106 Section 106. 243.04 of the statutes is renumbered 243.001 (1) and amended to read:

AB687,41,7 243.001 (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.

AB687,107 Section 107. 281.165 (3) (b) of the statutes is amended to read:

AB687,41,12 281.165 (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.

AB687,108 Section 108. 283.31 (2) (b) of the statutes is amended to read:

AB687,41,16 283.31 (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.

AB687,109 Section 109. 295.465 (1) (intro.) and (4) of the statutes are amended to read:

AB687,42,5 295.465 (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:

AB687,42,10 (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.

AB687,110 Section 110. 295.57 (4) (b) 7. and (7) (a) 1. of the statutes are amended to read:

AB687,42,16 295.57 (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.

AB687,42,19 (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.

AB687,111 Section 111. 295.60 (2) and (4) (e) of the statutes are amended to read:

AB687,43,12 295.60 (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.

AB687,43,18 (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.

AB687,112 Section 112. 340.01 (15q) of the statutes is renumbered 340.01 (38r).

Note: Places definition in alphabetical order.

AB687,113 Section 113. 345.20 (1) (a) of the statutes is amended to read:

AB687,43,21 345.20 (1) (a) "Judge" has the meaning specified in s. 967.02 (6) (2m).

Note: See the renumbering of s. 967.02 (6) by this bill.

AB687,114 Section 114. 409.102 (1) (ag) of the statutes is amended to read:

AB687,44,15 409.102 (1) (ag) "Account", " except as used in "account for"," means a right to payment of a monetary obligation, whether or not earned by performance; for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of; for services rendered or to be rendered; for a policy of insurance issued or to be issued; for a secondary obligation incurred or to be incurred; for energy provided or to be provided; for the use or hire of a vessel under a charter or other contract; arising out of the use of a credit or charge card or information contained on or for use with the card; or as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. The term includes health-care-insurance receivables. The term does not include rights to payment evidenced by chattel paper or an instrument; commercial tort claims; deposit accounts; investment property; letter-of-credit rights or letters of credit; or rights to payment for money or funds advanced or sold, other than rights arising out of the use of a credit or charge card or information contained on or for use with the card.

Note: Conforms punctuation to current style.

AB687,115 Section 115. 409.102 (1) (as) (intro.) of the statutes is amended to read:

AB687,44,18 409.102 (1) (as) (intro.) "Accounting"," except as used in "accounting for"," means a record:

Note: Conforms punctuation to current style.

AB687,116 Section 116. 409.102 (1) (mg) of the statutes is amended to read:

AB687,44,22 409.102 (1) (mg) "Jurisdiction of organization "," with respect to a registered organization, means the jurisdiction under whose law the organization is formed or organized.

Note: Conforms punctuation to current style.

AB687,117 Section 117. 409.102 (1) (pg) (intro.) of the statutes is amended to read:

AB687,45,3 409.102 (1) (pg) (intro.) "Person related to"," with respect to an individual, means:

Note: Conforms punctuation to current style.

AB687,118 Section 118. 409.102 (1) (ps) (intro.) of the statutes is amended to read:

AB687,45,6 409.102 (1) (ps) (intro.) "Proceeds"," except as used in s. 409.609 (2), means the following property:

Note: Conforms punctuation to current style.

AB687,119 Section 119. 409.102 (1) (r) of the statutes is amended to read:

AB687,45,11 409.102 (1) (r) "Record"," except as used in "for record"," "of record"," "record or legal title"," and "record owner"," means information that is inscribed on a tangible medium or which that is stored in an electronic or other medium and is retrievable in perceivable form.

Note: Conforms punctuation to current style.

AB687,120 Section 120. 409.102 (1) (sg) (intro.) of the statutes is amended to read:

AB687,45,14 409.102 (1) (sg) (intro.) "Send", " in connection with a record or notification, means:

Note: Conforms punctuation to current style.

AB687,121 Section 121. 440.01 (1) (d) of the statutes is amended to read:

AB687,45,18 440.01 (1) (d) "Limit"," when used in reference to limiting a credential, means to impose conditions and requirements upon the holder of the credential, to restrict the scope of the holder's practice, or both.

Note: Conforms punctuation to current style.

AB687,122 Section 122. 440.01 (1) (f) of the statutes is amended to read:

AB687,46,3 440.01 (1) (f) "Revoke", " when used in reference to revoking a credential, means to completely and absolutely terminate the credential and all rights, privileges, and authority previously conferred by the credential.

Note: Conforms punctuation to current style.

AB687,123 Section 123. 440.01 (1) (h) of the statutes is amended to read: