180.0103 (7m) of the statutes is created to read:
180.0103 (7m) "Electronic transmission" or "electronically transmitted" means internet transmission, telephonic transmission, electronic mail transmission, transmission of a telegram, cablegram or datagram or any other form or process of communication that does not directly involve the physical transfer of paper and that is suitable for the retention, retrieval and reproduction of information by the recipient.
180.0103 (16) of the statutes is amended to read:
180.0103 (16) "Signed" or "signature" includes any manual, facsimile, conformed or electronic signature or any symbol executed or adopted by a party with present intention to authenticate a writing or electronic transmission.
180.0141 (2) (a) of the statutes is amended to read:
180.0141 (2) (a) A person shall give notice in writing, except as provided in par. (b). For purposes of this section, notice by electronic transmission is written notice.
180.0141 (3) of the statutes is amended to read:
180.0141 (3) Except as provided in s. 180.0721 (4) or unless otherwise provided in the articles of incorporation or bylaws, notice may be communicated in person, ; by telephone, telegraph, teletype, facsimile or other form of wire or wireless communication, or by mail or private carrier, and, if mail or other method of delivery; by telephone, including voice mail, answering machine or answering service; or by any other electronic means. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television or other form of public broadcast communication.
180.0141 (5) (b) of the statutes is renumbered 180.0141 (5) (b) (intro.) and amended to read:
180.0141 (5) (b) (intro.) Written notice by a domestic corporation or foreign corporation to its shareholder is effective when under any of the following conditions:
1. When mailed and may be, but only if mailed postpaid and addressed to the shareholder's address shown in the domestic corporation's or foreign corporation's current record of shareholders.
180.0141 (5) (b) 2. of the statutes is created to read:
180.0141 (5) (b) 2. When electronically transmitted to the shareholder in a manner authorized by the shareholder.
180.0722 (2) of the statutes is repealed and recreated to read:
180.0722 (2) (a) A shareholder entitled to vote at a meeting of shareholders, or to express consent or dissent in writing to any corporate action without a meeting of shareholders, may authorize another person to act for the shareholder by appointing the person as proxy. An appointment of a proxy may be in durable form as provided in s. 243.07.
(b) Without limiting the manner in which a shareholder may appoint a proxy under par. (a), a shareholder or the shareholder's authorized officer, director, employe, agent or attorney-in-fact may use any of the following as a valid means to make such an appointment:
1. Appointment of a proxy in writing by signing or causing the shareholder's signature to be affixed to an appointment form by any reasonable means, including, but not limited to, by facsimile signature.
2. Appointment of a proxy by transmitting or authorizing the transmission of an electronic transmission of the appointment to the person who will be appointed as proxy or to a proxy solicitation firm, proxy support service organization or like agent authorized to receive the transmission by the person who will be appointed as proxy. Every electronic transmission shall contain, or be accompanied by, information that can be used to reasonably determine that the shareholder transmitted or authorized the transmission of the electronic transmission. Any person charged with determining whether a shareholder transmitted or authorized the transmission of the electronic transmission shall specify the information upon which the determination is made.
(c) Any copy, facsimile telecommunication or other reliable reproduction of the information in the appointment form under par. (b) 1. or the electronic transmission under par. (b) 2. may be substituted or used in lieu of the original appointment form or electronic transmission for any purpose for which the original appointment form or electronic transmission could be used, but only if the copy, facsimile telecommunication or other reliable reproduction is a complete reproduction of the information in the original appointment form or electronic transmission.
180.0722 (3) of the statutes is amended to read:
180.0722 (3) An appointment of a proxy is effective when a signed appointment form or an electronic transmission of the appointment is received by the secretary or other inspector of election or the officer or agent of the corporation authorized to tabulate votes. An appointment is valid for 11 months from the date of its signing unless a different period is expressly provided in the appointment form.
180.0722 (4) (a) (intro.) of the statutes is amended to read:
180.0722 (4) (a) (intro.) An appointment of a proxy is revocable by the shareholder unless the appointment form conspicuously or electronic transmission states that it is irrevocable and the appointment is coupled with an interest. Appointments coupled with an interest include, but are not limited to, the appointment of any of the following:
180.0722 (7) of the statutes is amended to read:
180.0722 (7) Subject to s. 180.0724 and to any express limitation on the proxy's authority appearing on the face of stated in the appointment form or electronic transmission, a corporation may accept the proxy's vote or other action as that of the shareholder making the appointment.
180.0722 (8) (a) of the statutes is amended to read:
180.0722 (8) (a) Notwithstanding sub. (4), may be revoked at any time by openly stating the revocation at a shareholder meeting or appointing a new proxy in writing the manner provided under sub. (2) (b).
180.0724 (4) of the statutes is amended to read:
180.0724 (4) The corporation and its officer or agent who accepts or rejects a vote, consent, waiver or proxy appointment in good faith and in accordance with this section or s. 180.0722 (2) are not liable in damages to the shareholder for the consequences of the acceptance or rejection.
180.0724 (5) of the statutes is amended to read:
180.0724 (5) Corporate action based on the acceptance or rejection of a vote, consent, waiver or proxy appointment under this section or s. 180.0722 (2) is valid unless a court of competent jurisdiction determines otherwise.
180.1901 (1m) (bs) of the statutes is created to read:
180.1901 (1m) (bs) Athletic trainers affiliated credentialing board under subch. VI of ch. 448.
182.028 of the statutes is amended to read:
182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 39.51 45.54 (10) without complying with the requirements of s. 39.51 45.54. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.
186.098 (12) of the statutes is amended to read:
186.098 (12) Loans to members. A credit union may make loans to members secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The office of credit unions shall promulgate joint rules with the divisions of savings and loan division of savings institutions and the division of banking that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.
189.02 (7) of the statutes is created to read:
189.02 (7) At least 14 days before submitting to the public service commission any personnel or budget request that affects any appropriation to the department of transportation, the office shall notify the secretary of the request.
196.01 (3n) of the statutes is amended to read:
196.01 (3n) "Mobile home" has the meaning given in s. 101.91 (1) (2e).
196.025 of the statutes is renumbered 196.025 (1).
196.025 (2) of the statutes is created to read:
196.025 (2) The commission shall promulgate rules establishing requirements and procedures for the commission to carry out the duties under s. 1.11. Rules promulgated under this subsection shall include requirements and procedures for each of the following:
(a) Standards for determining the necessity of preparing an environmental impact statement.
(b) Adequate opportunities for interested persons to be heard on environmental impact statements, including adequate time for the preparation and submission of comments.
(c) Deadlines that allow thorough review of environmental issues without imposing unnecessary delays in addressing the need for additional electric transmission capacity in this state.
196.025 (3) of the statutes is created to read:
196.025 (3) The commission shall promulgate rules establishing requirements and procedures for electric utilities, as defined under s. 196.491 (1) (d), to file reports with the commission, on a frequency that the commission determines is reasonably necessary, on their current reliability status, including the status of operating and planning reserves, available transmission capacity and outages of major operational units and transmission lines. A report filed under the rules promulgated under this subsection is subject to inspection and copying under s. 19.35 (1), except that the commission may withhold the report from inspection and copying for a period of time that the commission determines is reasonably necessary to prevent an adverse impact on the supply or price of energy in this state.
196.025 (4) of the statutes is created to read:
196.025 (4) (a) In consultation with the department of administration and the department of revenue, the commission shall study the establishment of a program for providing incentives for the development of high-efficiency, small-scale electric generating facilities in this state that do either of the following:
1. Provide benefits in the form of support for electric distribution or transmission systems, power quality or environmental performance.
2. Employ technologies such as combined heat and power systems, fuel cells, mircroturbines or photovoltalic systems that may be situated in, on or next to buildings or other electric load centers.
(b) No later than January 1, 2001, the commission shall submit a report of its findings and recommendations under par. (a) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).
196.025 (5) of the statutes is created to read:
196.025 (5) (ag) In this subsection, "electric cooperative" means a cooperative association organized under ch. 185 for the purpose of generating, distributing or furnishing electric energy at retail or wholesale to its members only.
(ar) The commission shall contract with an expert consultant in economics to conduct a study on the potential for horizontal market power, including the horizontal market power of electric generators, to frustrate the creation of an effectively competitive retail electricity market in this state and to make recommendations on measures to eliminate such market power on a sustainable basis. The study shall include each of the following:
1. An assessment of the effect of each recommendation on public utility workers and shareholders and electric cooperative workers and members.
1m. An assessment of the effect of each recommendation on rates for each class of public utility customers and electric cooperative members.
2. An evaluation of the impact of transmission constraints on the market power of electric generators in local areas.
(b) No later than January 1, 2001, the commission shall submit a report of the results of the study under par. (ar) to the chief clerk of each house of the legislature for distribution to the appropriate standing committees under s. 13.172 (3).
196.04 (4) of the statutes is renumbered 196.04 (4) (b) and amended to read:
196.04 (4) (b) If the parties cannot agree and the commission finds that public convenience and necessity or the rendition of reasonably adequate service to the public requires that a public utility, telecommunications provider, sewerage system operator or cable operator
, as defined in s. 66.082 (2) (b), be permitted to extend its lines on, over or under the right-of-way of any railroad, or requires that the tracks of any railroad be extended on, over or under the right-of-way of any public utility, telecommunications provider, sewerage system operator or cable operator, the commission may order the extension by the public utility, telecommunications provider, sewerage system operator, cable operator or railroad on, over or under the right-of-way of the other if it will not materially impair the ability of the railroad, telecommunications provider, sewerage system operator, cable operator or public utility, on, over or under whose right-of-way the extension would be made, to serve the public. The commission shall prescribe lawful conditions and compensation which the commission deems equitable and reasonable in light of all the circumstances.
196.04 (4) (a) of the statutes is created to read:
196.04 (4) (a) In this subsection:
1. "Cable operator" has the meaning given in s. 66.082 (2) (b).
2. "Sewerage system operator" means any of the following:
a. A municipality that operates a sewerage system under s. 66.076.
b. A town sanitary district commission that operates a sewerage system under 60.77 (4).
c. A city or village that obtains a sewerage system under s. 60.79.
d. A metropolitan sewerage district commission that operates a sewerage system under s. 66.24 (2) or 66.89 (1).
e. A public inland lake protection and rehabilitation district that exercises the powers of a town sanitary district under s. 33.22 (3) and that operates a sewerage system under s. 60.77 (4).
196.19 (1m) (b) of the statutes is amended to read:
196.19 (1m) (b) A telecommunications utility may not offer a new telecommunications service to the public without first filing a tariff for that offering with the commission. A proposed tariff offering a new telecommunications service shall be effective on the date specified in the tariff but not earlier than 10 days after the date on which the tariff is filed with the commission, unless the commission, either upon complaint or upon its own motion, suspends the operation of the new tariff by serving written notice of the suspension on the telecommunications utility within 10 days after the date of filing. The notice shall include a statement of the reason under par. (c) upon which the commission believes the tariff may be modified.
196.19 (1m) (e) of the statutes is repealed.
196.192 of the statutes is created to read:
196.192 Market-based compensation, rates and contracts. (1) In this section, "electric public utility" means a public utility whose purpose is the generation, distribution and sale of electric energy.
(2) No later than March 1, 2000, each investor-owned electric public utility shall do each of the following:
(a) File with the commission rates that result in customers receiving market-based compensation for voluntary interruptions of firm load during peak periods of electric use.
(b) File with the commission market-based pricing options and options for individual contracts that allow a retail customer, through service from its existing public utility, to receive market benefits and take market risks for the customer's purchases of capacity or energy.
(3) (a) The commission shall approve market-based rates that are consistent with the options specified in sub. (2), except that the commission may not approve a market-based rate unless the commission determines that the rate will not harm shareholders of the investor-owned electric public utility or customers who are not subject to the rate.
(b) Nothing in s. 196.20, 196.21, 196.22, 196.37, 196.60 or 196.604 prohibits the commission from approving a filing under sub. (2) or approving market-based rates under par. (a).
(4) Subject to any approval of the commission that is necessary, an electric public utility that is not an investor-owned electric public utility may implement market-based rates approved under sub. (3) (a) or implement the options in filings under sub. (2) that are approved by the commission.
196.208 (5p) of the statutes is created to read:
196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:
1. "Charitable organization" has the meaning given in s. 440.41 (1).
2. "Prisoner" means a prisoner of any correctional or detention facility located in this state.
(b) If a prisoner is employed directly or indirectly by a charitable organization or toll-free service vendor to answer calls made to the charitable organization or toll-free service vendor, the prisoner shall do all of the following immediately upon answering a call:
1. Identify himself or herself by name.