Amendment SA1-SSA1-AB811

LRBa2653/1

RAC:kmg:ch

1997 - 1998 LEGISLATURE

SENATE AMENDMENT 1, TO SENATE SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 811

May 7, 1998 - Offered by Senator Panzer.

AB811-SSA1-SA1,1,1 At the locations indicated, amend the substitute amendment as follows:

AB811-SSA1-SA1,1,3 1. Page 1, line 5: after "state" insert ", requests for proposals for electric generating capacity and requiring the exercise of rule-making authority".

AB811-SSA1-SA1,1,4 2. Page 3, line 22: after that line insert:

AB811-SSA1-SA1,1,7 "5. For documents submitted to the department of financial institutions, the electronic signature conforms to any rules promulgated by the department of financial institutions.".

AB811-SSA1-SA1,1,8 3. Page 3, line 25: after that line insert:

AB811-SSA1-SA1,1,9 " Section 6m. 224.30 of the statutes is created to read:

AB811-SSA1-SA1,1,11 224.30 Powers and duties of the department. (1) In this section, "department" means the department of financial institutions.

AB811-SSA1-SA1,2,3 (2) The department shall promulgate rules regarding the submission of written documents under s. 137.05 and the use and verification of electronic signatures under s. 137.06.".

AB811-SSA1-SA1,2,4 4. Page 4, line 6: after that line insert:

AB811-SSA1-SA1,2,5 " Section 7d. 1997 Wisconsin Act 204, section 96 (1) (c) is amended to read:

AB811-SSA1-SA1,2,13 [1997 Wisconsin Act 204] Section 96 (1) (c) Notwithstanding section 196.491 (3) (a) 1. of the statutes, as affected by this act, no later than August 31, 1998, each eastern Wisconsin utility contractor specified in paragraph (b) (intro.) shall apply to the commission for any certificate that is required for construction of new electric generation capacity under the contracts into which it enters under paragraph (b) 3. and, if required under section 196.491 (3) (a) 3. a. of the statutes, as affected by this act, submit an engineering plan to the department as specified in section 196.491 (3) (a) 3. a. of the statutes, as affected by this act.

AB811-SSA1-SA1, s. 7e Section 7e. 1997 Wisconsin Act 204, section 96 (1) (d) (intro.), 1., 2. and 3. are amended to read:

AB811-SSA1-SA1,2,20 [1997 Wisconsin Act 204] Section 96 (1) (d) (intro.) Notwithstanding section 196.491 (3) (a) 3. a. and b. of the statutes, as affected by this act, if an eastern Wisconsin utility a contractor specified in paragraph (b) (intro.) submits an engineering plan to the department under paragraph (c), the eastern Wisconsin utility contractor and the department shall satisfy each of the following:

AB811-SSA1-SA1,3,2 1. Within 15 days after the eastern Wisconsin utility contractor provides the engineering plan, the department shall provide the eastern Wisconsin utility contractor with a listing of each department permit or approval which, on the basis of the information contained in the engineering plan, appears to be required for the construction or operation of the facility.

AB811-SSA1-SA1,3,5 2. Within 10 days after the department provides a listing specified in subdivision 1., the eastern Wisconsin utility contractor shall apply for the permits and approvals identified in the listing.

AB811-SSA1-SA1,3,14 3. The department shall determine whether an application under subdivision 2. is complete and, no later than 15 days after the application is filed, notify the applicant about the determination. If the department determines that the application is incomplete, the notice shall state the reason for the determination. An eastern Wisconsin utility A contractor may supplement and refile an application that the department has determined to be incomplete. There is no limit on the number of times that an applicant may refile an application under this subdivision. If the department fails to determine whether an application is complete within 15 days after the application is filed, the application shall be considered to be complete.

AB811-SSA1-SA1, s. 7f Section 7f. 1997 Wisconsin Act 204, section 96 (1) (e) (intro.) and 1. are amended to read:

AB811-SSA1-SA1,3,21 [1997 Wisconsin Act 204] Section 96 (1) (e) (intro.) Notwithstanding section 196.491 (3) (a) 2., (b) and (g) 1. and 2. of the statutes, as affected by this act, the commission and an eastern Wisconsin utility a contractor specified in paragraph (b) (intro.) that applies for a certificate under section 196.491 (3) of the statutes, as affected by this act, shall satisfy each of the following:

AB811-SSA1-SA1,4,6 1. The commission shall determine whether the application is complete and, no later than 15 days after the application is filed, notify the applicant about the determination. If the commission determines that the application is incomplete, the notice shall state the reason for the determination. An eastern Wisconsin utility A contractor may supplement and refile an application that the commission has determined to be incomplete. There is no limit on the number of times that an eastern Wisconsin utility a contractor may refile an application under this subdivision. If the commission fails to determine whether an application is complete within 15 days after the application is filed, the application shall be considered to be complete.".

AB811-SSA1-SA1,4,8 5. Page 4, line 23: delete the material beginning with that line and ending with page 5, line 2, and substitute:

AB811-SSA1-SA1,4,16 "(e) No later than January 1, 1999, the commission shall submit a report to the department of administration, and to the legislature in the manner provided under section 13.172 (2) of the statutes regarding the use of electronic signatures and the submission of written documents in electronic format to governmental units. The report shall include the commission's proposed recommendations regarding the use of electronic signatures and the submission of written documents in electronic format to governmental units and shall include any proposed legislation that the commission considers necessary to implement the recommendations.

AB811-SSA1-SA1,4,24 (f) No later than the first day of the 12th month beginning after the publication of this act, the commission shall submit a report to the legislature in the manner provided under section 13.172 (2) of the statutes regarding the use and regulation of electronic signatures and the submission of electronic documents in this state. The report shall include the commission's proposed recommendations regarding the use and regulation of electronic signatures in this state and shall include any proposed legislation that the commission considers necessary to implement the recommendations.".

AB811-SSA1-SA1,5,1 6. Page 5, line 3: before that line insert:

AB811-SSA1-SA1,5,3 "(2) Report to the commission on the use of electronic signatures and to the joint committee on information policy.

AB811-SSA1-SA1,5,4 (a) In this subsection:

AB811-SSA1-SA1,5,6 1. "Authenticate" has the meaning specified in section 137.04 (1) of the statutes, as created by this act.

AB811-SSA1-SA1,5,8 2. "Electronic signature" has the meaning specified in section 137.04 (2) of the statutes, as created by this act.

AB811-SSA1-SA1,5,10 3. "Governmental unit" has the meaning specified in section 137.04 (3) of the statutes, as created by this act.

AB811-SSA1-SA1,5,16 (b) No later than November 1, 1998, the department of financial institutions shall report to the commission under subsection (1) on the use of electronic signatures and to the joint committee on information policy any information and recommendations that the department considers useful to governmental units in implementing systems to use electronic signatures to authenticate electronic documents submitted to governmental units, including all of the following:

AB811-SSA1-SA1,5,17 1. Any technical or legal barriers to the use of electronic signatures.

AB811-SSA1-SA1,5,20 2. The role of electronic signatures in designing and implementing a comprehensive system for securing the submittal of electronic documents to a governmental unit.

AB811-SSA1-SA1,5,23 3. An evaluation of the advantages and disadvantages of particular technologies for creating and using electronic signatures to authenticate electronic documents submitted to governmental units.

AB811-SSA1-SA1,6,2 (3) Submission of proposed rules regulating electronic signatures to the legislative council staff.

AB811-SSA1-SA1,6,6 (a) In promulgating rules under section 224.30 (2) of the statutes, as created by this act, the department of financial institutions shall consider the report submitted by the commission on the use of electronic signatures under subsection (1) (e).

AB811-SSA1-SA1,6,11 (b) The department of financial institutions shall submit in proposed form the rules required under section 224.30 (2) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 6th month beginning after the submission of the proposed legislation by the commission on the use of electronic signatures under subsection (1) (e).".

AB811-SSA1-SA1,6,12 7. Page 5, line 8: delete "18th" and substitute "12th".

AB811-SSA1-SA1,6,13 (End)