Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,973,24 (e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

SB55-ASA1-AA1,974,2 (f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

SB55-ASA1-AA1,974,10 (4) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in s. 401.201 (20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under chs. 401 to 411, including, if the applicable statutory requirements under s. 403.302 (1), 407.501, or 409.308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable record of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise any of the rights under this subsection.

SB55-ASA1-AA1,974,13 (5) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under chs. 401 to 411.

SB55-ASA1-AA1,974,19 (6) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

SB55-ASA1-AA1, s. 2840 Section 2840. 137.25 (2) of the statutes is created to read:

SB55-ASA1-AA1,974,24 137.25 (2) (a) The department of administration shall promulgate rules concerning the use of electronic records and electronic signatures by governmental units, which shall govern the use of electronic records or signatures by governmental units, unless otherwise provided by law.

SB55-ASA1-AA1,975,5 (b) The department of administration and the secretary of state shall jointly promulgate rules establishing requirements that, unless otherwise provided by law, a notary public must satisfy in order to use an electronic signature for any attestation. The joint rules shall be numbered as rules of each agency in the Wisconsin Administrative Code.

SB55-ASA1-AA1, s. 2841 Section 2841. 137.26 of the statutes is created to read:

SB55-ASA1-AA1,975,13 137.26 Interoperability. If a governmental unit of this state adopts standards regarding its receipt of electronic records or electronic signatures under s. 137.25, the governmental unit shall promote consistency and interoperability with similar standards adopted by other governmental units of this state and other states and the federal government and nongovernmental persons interacting with governmental units of this state. Any standards so adopted may include alternative provisions if warranted to meet particular applications.".

SB55-ASA1-AA1,975,14 1488. Page 942, line 9: after that line insert:

SB55-ASA1-AA1,975,15 " Section 2841m. 139.03 (5) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,975,22 139.03 (5) (b) 2. A person who is a member of the national guard, the U. S. armed forces or a reserve component of the U. S. armed forces; who is a state resident; and who leaves a foreign country, after spending at least 48 hours in that foreign country on duty or for training, with the purpose of entering into this state may bring into the state, in sealed original containers and in the person's immediate possession, intoxicating liquor and wine in an aggregate amount not exceeding 6 16 liters without paying the tax imposed under this subchapter on that amount.".

SB55-ASA1-AA1,975,23 1489. Page 942, line 14: delete lines 14 to 19.

SB55-ASA1-AA1,975,24 1490. Page 943, line 24: after that line insert:

SB55-ASA1-AA1,976,1 " Section 2845p. 139.32 (5) of the statutes is amended to read:

SB55-ASA1-AA1,976,6 139.32 (5) Manufacturers and distributors having a permit from the secretary shall receive a discount of 1.6% of the tax, except that, for a tax rate greater than 29.5 mills under s. 139.31 (1) (a) or greater than 59 mills under s. 139.31 (1) (b), manufacturers and distributors having a permit from the secretary shall receive a discount of 2% of the tax.".

SB55-ASA1-AA1,976,8 1491. Page 944, line 15: delete the material beginning with that line and ending on page 945, line 8.

SB55-ASA1-AA1,976,9 1492. Page 945, line 8: after that line insert:

SB55-ASA1-AA1,976,10 " Section 2848q. 145.245 (3) of the statutes is amended to read:

SB55-ASA1-AA1,977,2 145.245 (3) Maintenance. The department shall establish a maintenance program to be administered by governmental units. The maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 or by an employee of the state or governmental unit designated by the department. The department of natural resources environmental management may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources environmental management finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.".

SB55-ASA1-AA1,977,3 1493. Page 945, line 25: after that line insert:

SB55-ASA1-AA1,977,4 " Section 2848sb. 146.343 of the statutes is created to read:

SB55-ASA1-AA1,977,6 146.343 Use of human fetal body part, embryos, embryonic stem cells and embryonic stem cell lines for research prohibited. (1) In this section:

SB55-ASA1-AA1,977,8 (a) "Embryo" means a human being from the point of fertilization, including the single-cell state, until approximately the end of the 2nd month.

SB55-ASA1-AA1,977,10 (b) "Embryonic stem cell" means a totipotent or pluripotent cell of the human body that is derived from an embryo.

SB55-ASA1-AA1,977,12 (c) "Embryonic stem cell line" means embryonic stem cells that are capable of prolonged proliferation in culture as totipotent or pluripotent embryonic stem cells.

SB55-ASA1-AA1,977,14 (d) "Fetal body part" means a cell, tissue, organ, or other part of a human being after fertilization who is aborted by an induced abortion.

SB55-ASA1-AA1,977,16 (e) "Pluripotent" means capable of giving rise to most tissues of a human organism.

SB55-ASA1-AA1,977,19 (f) "Totipotent" means having the capacity to specialize into human extraembryonic membranes and tissues, the human embryo, and all postembryonic human tissues and organs.

SB55-ASA1-AA1,977,22 (2) Except as provided in sub. (3), no person may knowingly use a fetal body part, an embryo, an embryonic stem cell, or an embryonic stem cell line for purposes of research.

SB55-ASA1-AA1,978,3 (3) A person may, at any time, use, for research purposes, an embryonic stem cell or an embryonic stem cell line that exists before January 1, 2002, or an embryonic stem cell line derived from an embryonic stem cell that exists before January 1, 2002.

SB55-ASA1-AA1,978,5 (4) Any person who violates this section may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months, or both.".

SB55-ASA1-AA1,978,6 1494. Page 946, line 6: after that line insert:

SB55-ASA1-AA1,978,7 " Section 2850ag. 146.60 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,978,10 146.60 (1) (c) "Departments" means the department of agriculture, trade and consumer protection and the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2850ah Section 2850ah. 146.60 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,978,14 146.60 (2) (a) The department of natural resources environmental management shall be the reviewing department for any regulated release subject to 15 USC 2601 to 2629.

SB55-ASA1-AA1, s. 2850ai Section 2850ai. 146.60 (3) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,978,19 146.60 (3) (c) 1. If the department of natural resources environmental management receives information under this subsection or sub. (4) (c), it shall provide the department of agriculture, trade and consumer protection with a copy of the information.

SB55-ASA1-AA1, s. 2850aj Section 2850aj. 146.60 (3) (c) 2. of the statutes is amended to read:

SB55-ASA1-AA1,978,24 146.60 (3) (c) 2. If the department of agriculture, trade and consumer protection receives information under this subsection or sub. (4) (c), it shall provide the department of natural resources environmental management with a copy of the information.

SB55-ASA1-AA1, s. 2850ak Section 2850ak. 146.60 (5) of the statutes is amended to read:

SB55-ASA1-AA1,979,8 146.60 (5) Memorandum of understanding. Within 6 months after June 13, 1989, the department of natural resources environmental management shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the procedures and responsibilities of the departments in the administration of this section. The memorandum shall establish procedures that minimize the duplication of effort between the departments and for the person providing information under sub. (3).".

SB55-ASA1-AA1,979,9 1495. Page 946, line 6: after that line insert:

SB55-ASA1-AA1,979,10 " Section 2850ag. 146.56 (1) of the statutes is amended to read:

SB55-ASA1-AA1,979,15 146.56 (1) Not later than July 1, 2002, the department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under s. 15.197 (25) in developing and implementing the system, and, as part of the system, shall develop regional trauma advisory councils.

SB55-ASA1-AA1, s. 2850ah Section 2850ah. 146.56 (2) of the statutes is amended to read:

SB55-ASA1-AA1,980,3 146.56 (2) The department shall promulgate rules to develop and implement the system. The rules shall include a method by which to classify all hospitals as to their respective emergency care capabilities. The classification rule shall be based on standards developed by the American College of Surgeons. Within 180 days after promulgation of the classification rule, and every 4 3 years thereafter, each hospital shall certify to the department the classification level of trauma care services that is provided by the hospital, based on the rule. The department may require a hospital to document the basis for its certification. The department may not direct a hospital to establish a certain level of certification. Confidential injury data that is collected under this subsection shall be used for confidential review relating to performance improvements in the trauma care system, and may be used for no other purpose.".

SB55-ASA1-AA1,980,4 1496. Page 946, line 7: delete lines 7 to 13.

SB55-ASA1-AA1,980,5 1497. Page 946, line 13: after that line insert:

SB55-ASA1-AA1,980,6 " Section 2850bm. 148.19 (2) of the statutes is amended to read:

SB55-ASA1-AA1,980,9 148.19 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.".

SB55-ASA1-AA1,980,10 1498. Page 957, line 3: after that line insert:

SB55-ASA1-AA1,980,11 " Section 2852ag. 154.03 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,981,13 154.03 (1) Any person of sound mind and 18 years of age or older may at any time voluntarily execute a declaration, which shall take effect on the date of execution, authorizing the withholding or withdrawal of life-sustaining procedures or of feeding tubes when the person is in a terminal condition or is in a persistent vegetative state. A declarant may not authorize the withholding or withdrawal of any medication, life-sustaining procedure, or feeding tube if the declarant's attending physician advises that, in his or her professional judgment, the withholding or withdrawal will cause the declarant pain or reduce the declarant's comfort and the pain or discomfort cannot be alleviated through pain relief measures. A declarant may not authorize the withholding or withdrawal of nutrition or hydration that is administered or otherwise received by the declarant through means other than a feeding tube unless the declarant's attending physician advises that, in his or her professional judgment, the administration is medically contraindicated. A declaration must be signed by the declarant in the presence of 2 witnesses. If the declarant is physically unable to sign a declaration, the declaration must be signed in the declarant's name by one of the witnesses or some other person at the declarant's express direction and in his or her presence; such a proxy signing shall either take place or be acknowledged by the declarant in the presence of 2 witnesses. The declarant is responsible for notifying his or her attending physician of the existence of the declaration. An attending physician who is so notified shall review the declaration and, if the physician intends to invoke his or her rights under s. 253.09, inform the declarant orally and in writing of that intent and of the physician's concerns, if any, about the declaration. An attending physician who is so notified shall also make the declaration a part of the declarant's medical records. No witness to the execution of the declaration may, at the time of the execution, be any of the following:

SB55-ASA1-AA1, s. 2852aj Section 2852aj. 155.60 (3) of the statutes is amended to read:

SB55-ASA1-AA1,981,23 155.60 (3) Upon receipt of a power of attorney for health care instrument or a statement of incapacity under s. 155.05 (2), a health care facility or health care provider shall acknowledge this receipt in writing and, if the principal is a patient of the health care provider, the health care provider shall include the instrument or the statement in the medical record of the principal. In addition, if the health care provider is a physician and the principal is a patient of the physician, the physician shall review the instrument or statement and, if the physician intends to invoke his or her rights under s. 253.09, inform the principal orally and in writing of that intent and of the physician's concerns, if any, about the instrument or statement.".

SB55-ASA1-AA1,982,2 1499. Page 957, line 4: delete the material beginning with that line and ending with page 958, line 19.

SB55-ASA1-AA1,982,3 1500. Page 958, line 24: after that line insert:

SB55-ASA1-AA1,982,4 " Section 2853r. 165.017 (1) of the statutes is repealed.

SB55-ASA1-AA1, s. 2853s Section 2853s. 165.017 (2) of the statutes is amended to read:

SB55-ASA1-AA1,982,8 165.017 (2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.

SB55-ASA1-AA1, s. 2853t Section 2853t. 165.017 (3) of the statutes is repealed.

SB55-ASA1-AA1, s. 2853u Section 2853u. 165.017 (5) of the statutes is repealed.".

SB55-ASA1-AA1,982,11 1501. Page 958, line 24: after that line insert:

SB55-ASA1-AA1,982,12 " Section 2853g. 160.001 (6) of the statutes is amended to read:

SB55-ASA1-AA1,982,16 160.001 (6) Where necessary to comply with federal statutes or regulations, the department of natural resources environmental management may adopt rules in regulatory programs administered by it which are more stringent than the enforcement standards and preventive action limits adopted under this chapter.

SB55-ASA1-AA1, s. 2853h Section 2853h. 160.001 (7) of the statutes is amended to read:

SB55-ASA1-AA1,983,4 160.001 (7) A regulatory agency may take any actions within the context of regulatory programs established in statutes outside of this chapter, if those actions are necessary to protect public health and welfare or prevent a significant damaging effect on groundwater or surface water quality for present or future consumptive or nonconsumptive uses, whether or not an enforcement standard and preventive action limit for a substance has been adopted under this chapter. Nothing in this chapter requires the department of health and family services or the department of natural resources environmental management to establish an enforcement standard for a substance if a federal number or state drinking water standard has not been adopted for the substance and if there is not sufficient scientific information to establish the standard.

SB55-ASA1-AA1, s. 2853i Section 2853i. 160.01 (1) of the statutes is amended to read:

SB55-ASA1-AA1,983,7 160.01 (1) "Department", " Department," when used without qualification, means the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2853j Section 2853j. 160.01 (7) of the statutes is amended to read:

SB55-ASA1-AA1,983,15 160.01 (7) "Regulatory agency" means the department of agriculture, trade and consumer protection, the department of commerce, the department of environmental management, the department of transportation, the department of natural resources fish, wildlife, parks, and forestry and other state agencies which that regulate activities, facilities, or practices which that are related to substances which that have been detected in or have a reasonable probability of entering the groundwater resources of the state.

SB55-ASA1-AA1, s. 2853L Section 2853L. 160.07 (5) of the statutes is amended to read:

SB55-ASA1-AA1,983,22 160.07 (5) Within 9 months after transmitting the name of a substance to the department of health and family services under sub. (2), the department of natural resources environmental management shall propose rules establishing the recommendation of the department of health and family services as the enforcement standard for that substance and publish the notice required under s. 227.16 (2) (e), 227.17, or 227.24 (3).

SB55-ASA1-AA1, s. 2853n Section 2853n. 160.07 (6) of the statutes is amended to read:

SB55-ASA1-AA1,984,3 160.07 (6) If a federal number is established or changed for a substance after an enforcement standard is recommended by the department of health and family services, and if any person or regulatory agency submits a request, the department of natural resources environmental management shall determine whether the enforcement standard needs revision based on recommendations under sub. (4).

SB55-ASA1-AA1, s. 2853q Section 2853q. 160.13 (2) (b) 4. of the statutes is amended to read:

SB55-ASA1-AA1,984,17 160.13 (2) (b) 4. If no acceptable daily intake or equivalent value for an oncogen is established by the federal environmental protection agency, or if an acceptable daily intake is established but oncogenic potential at the established acceptable daily intake presents an unacceptable probability of risk, the department shall provide the department of natural resources environmental management with an evaluation of the oncogenic potential of the substance. This evaluation of oncogenic potential shall indicate an acceptable daily intake for the substance which, if ingested daily over an entire human lifetime, appears to present an acceptable probability of risk which that is presumed to be a risk level equal to a ratio of one to 1,000,000. A risk level equal to a ratio of one to 1,000,000 is the expectation that no more than one excess death will occur in a population of 1,000,000 over a 70-year period. The department shall base the evaluation of oncogenic potential on a review of the most recent and scientifically valid information available.".

SB55-ASA1-AA1,984,18 1502. Page 959, line 1: delete lines 1 to 7.

SB55-ASA1-AA1,984,19 1503. Page 959, line 7: after that line insert:

SB55-ASA1-AA1,984,20 " Section 2854w. 165.25 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,985,3 165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of environmental management, the department of tourism and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.".

SB55-ASA1-AA1,985,4 1504. Page 959, line 9: delete lines 9 and 10 and substitute:

SB55-ASA1-AA1,985,8 "165.25 (4) (ar) The At the request of the department of agriculture, trade and consumer protection, the department of justice shall may furnish all legal services required by to the department of agriculture, trade and consumer protection relating".

SB55-ASA1-AA1,985,9 1505. Page 959, line 14: after that line insert:

SB55-ASA1-AA1,985,11 " Section 2856b. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,985,17 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.".