Amendment AA2-ASA1-AB133

AB133-ASA1-AA2,365,5 875. Page 1179, line 5: after that line insert:

AB133-ASA1-AA2,365,6 " Section 2305m. 180.1901 (1m) (bs) of the statutes is created to read:

AB133-ASA1-AA2,365,8 180.1901 (1m) (bs) Athletic trainers affiliated credentialing board under subch. VI of ch. 448.".

AB133-ASA1-AA2,365,9 876. Page 1179, line 5: after that line insert:

AB133-ASA1-AA2,365,10 " Section 2304c. 180.0103 (6) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,365,13 180.0103 (6) "Deliver" or "delivery" means any method of delivery used in conventional commercial practice, including delivery by hand, mail, commercial delivery and electronic transmission.

AB133-ASA1-AA2, s. 2304cm Section 2304cm. 180.0103 (7m) of the statutes is created to read:

AB133-ASA1-AA2,365,20 180.0103 (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.

AB133-ASA1-AA2, s. 2304dm Section 2304dm. 180.0103 (16) of the statutes is amended to read:

AB133-ASA1-AA2,365,24 180.0103 (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.

AB133-ASA1-AA2, s. 2304ed Section 2304ed. 180.0141 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,366,3 180.0141 (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.

AB133-ASA1-AA2, s. 2304fb Section 2304fb. 180.0141 (3) of the statutes is amended to read:

AB133-ASA1-AA2,366,12 180.0141 (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.

AB133-ASA1-AA2, s. 2304fh Section 2304fh. 180.0141 (5) (b) of the statutes is renumbered 180.0141 (5) (b) (intro.) and amended to read:

AB133-ASA1-AA2,366,16 180.0141 (5) (b) (intro.) Written notice by a domestic corporation or foreign corporation to its shareholder is effective when under any of the following conditions:

AB133-ASA1-AA2,366,19 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.

AB133-ASA1-AA2, s. 2304gb Section 2304gb. 180.0141 (5) (b) 2. of the statutes is created to read:

AB133-ASA1-AA2,366,22 180.0141 (5) (b) 2. When electronically transmitted to the shareholder in a manner authorized by the shareholder.

AB133-ASA1-AA2, s. 2304gm Section 2304gm. 180.0722 (2) of the statutes is repealed and recreated to read:

AB133-ASA1-AA2,367,5 180.0722 (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.

AB133-ASA1-AA2,367,9 (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:

AB133-ASA1-AA2,367,12 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.

AB133-ASA1-AA2,367,22 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.

AB133-ASA1-AA2,368,4 (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.

AB133-ASA1-AA2, s. 2304gz Section 2304gz. 180.0722 (3) of the statutes is amended to read:

AB133-ASA1-AA2,368,10 180.0722 (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.

AB133-ASA1-AA2, s. 2304hd Section 2304hd. 180.0722 (4) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,368,16 180.0722 (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:

AB133-ASA1-AA2, s. 2304L Section 2304L. 180.0722 (7) of the statutes is amended to read:

AB133-ASA1-AA2,368,21 180.0722 (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.

AB133-ASA1-AA2, s. 2304ho Section 2304ho. 180.0722 (8) (a) of the statutes is amended to read:

AB133-ASA1-AA2,368,25 180.0722 (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).

AB133-ASA1-AA2, s. 2304jb Section 2304jb. 180.0724 (4) of the statutes is amended to read:

AB133-ASA1-AA2,369,5 180.0724 (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.

AB133-ASA1-AA2, s. 2304jm Section 2304jm. 180.0724 (5) of the statutes is amended to read:

AB133-ASA1-AA2,369,9 180.0724 (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.".

AB133-ASA1-AA2,369,10 877. Page 1179, line 5: after that line insert:

AB133-ASA1-AA2,369,11 " Section 2307a. 177.01 (10) of the statutes is renumbered 177.01 (10) (a).

AB133-ASA1-AA2, s. 2307d Section 2307d. 177.01 (10) (b) of the statutes is created to read:

AB133-ASA1-AA2,369,16 177.01 (10) (b) "Intangible property" does not include a credit balance issued to a commercial customer account by a business association in the ordinary course of business, unless the credit balance is property described in s. 177.06 (1) or (2) held by a banking organization or financial organization.".

AB133-ASA1-AA2,369,17 878. Page 1179, line 19: after that line insert:

AB133-ASA1-AA2,369,18 " Section 2308r. 186.098 (12) of the statutes is amended to read:

AB133-ASA1-AA2,370,3 186.098 (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.".

AB133-ASA1-AA2,370,4 879. Page 1179, line 19: after that line insert:

AB133-ASA1-AA2,370,5 " Section 2308dm. 189.02 (7) of the statutes is created to read:

AB133-ASA1-AA2,370,8 189.02 (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.".

AB133-ASA1-AA2,370,9 880. Page 1179, line 19: after that line insert:

AB133-ASA1-AA2,370,10 " Section 2308gg. 195.28 (1m) of the statutes is created to read:

AB133-ASA1-AA2,370,15 195.28 (1m) Apportionment of expense. The office shall fix the proportion of the cost and expense of crossing protection devices and installation, and any other work ordered under sub. (1), to be paid by the parties in interest. The office may order any party in interest to pay the cost and expenses apportioned to that party under this subsection.

AB133-ASA1-AA2, s. 2308gk Section 2308gk. 195.28 (2) of the statutes is amended to read:

AB133-ASA1-AA2,370,20 195.28 (2) Installation costs. The Subject to sub. (1m), the cost of any signal or other crossing protection device which that is ordered installed under sub. (1) and the cost of installing any such device shall be paid by the department from the appropriations under s. 20.395 (2) (gj), (gr) and (gx).".

AB133-ASA1-AA2,370,21 881. Page 1179, line 19: after that line insert:

AB133-ASA1-AA2,370,22 " Section 2308mg. 195.28 (1) of the statutes is amended to read:

AB133-ASA1-AA2,371,22 195.28 (1) Petition; hearing; order. Upon petition of the department, city council, village board, town board, superintendent of highways or by 5 or more electors in any town, village or city, or of any railroad corporation or railroad historical society, to determine whether a public highway and railroad grade crossing protects and promotes public safety, the office may investigate and issue an appropriate order without a public hearing. If the petitioner, railroad, railroad historical society or any interested party objects to the order and requests a hearing within 20 days after the date that the order is issued, the office shall proceed under s. 195.04. Notice of an investigation or hearing shall be served upon the department, which shall be an interested party, and any recommendation it may file with the office at or prior to a hearing, if there is one, regarding crossing protection shall be considered as evidence in the proceeding. The office shall determine whether the existing warning devices at such crossing are adequate to protect and promote public safety. If the office determines, either without or after a hearing, that protection is not adequate, it may order the railroad company or railroad historical society to keep a flagman at the crossing or to install automatic signals or other suitable safety device at specific locations at such crossing. The office may order the relocation of existing signals and devices to improve protection at a crossing. To the greatest extent practicable, orders under this subsection shall be executed in the priority recommended under sub. (2m) (d), except that the recommendation shall be disregarded if the office determines that immediate improvement of a crossing is necessary to protect public safety. Any crossing protection installed or maintained as approved by the office, whether by order or otherwise, shall be deemed adequate and appropriate protection for the crossing.

AB133-ASA1-AA2, s. 2308mj Section 2308mj. 195.28 (2m) of the statutes is created to read:

AB133-ASA1-AA2,371,25 195.28 (2m) Duties of the council on railroad grade crossings. The council on railroad grade crossings shall do all of the following:

AB133-ASA1-AA2,372,2 (a) Establish and maintain a railroad crossing data base. The data base shall be available to the office and the department.

AB133-ASA1-AA2,372,4 (b) Recommend to the office and to the department desirable funding levels for railroad crossing protection installation and maintenance under subs. (2) and (3).

AB133-ASA1-AA2,372,6 (c) Meet at least once annually to review all railroad crossing improvements ordered by the office.

AB133-ASA1-AA2,372,11 (d) Determine and recommend to the office which railroad crossing improvements should be constructed during the following 3 years and the order in which those projects should be completed to maximize the safety benefits of the projects. In determining the order in which projects should be completed, the council shall consider all of the following:

AB133-ASA1-AA2,372,12 1. The volume and speed of trains and traffic at the railroad crossing.

AB133-ASA1-AA2,372,14 2. The physical features of the railroad crossing, including curves, hills and other features that my reduce the visibility of motorists at the railroad crossing.

AB133-ASA1-AA2,372,15 3. The history of accidents at the railroad crossing.

AB133-ASA1-AA2,372,17 4. Anticipated changes in the volume or speed of motor vehicles or train traffic at the railroad crossing.

AB133-ASA1-AA2,372,18 5. Any other factors the council considers appropriate.".

AB133-ASA1-AA2,372,19 882. Page 1179, line 19: after that line insert:

AB133-ASA1-AA2,372,20 " Section 2308m. 185.981 (4t) of the statutes is amended to read:

AB133-ASA1-AA2,372,24 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.89, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.872, 632.895 (10) to (13) and 632.897 (10) and chs. 149 and 155.

AB133-ASA1-AA2, s. 2308p Section 2308p. 185.983 (1) (intro.) of the statutes is amended to read:

AB133-ASA1-AA2,373,7 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.89, 631.93, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4) and (5), 632.872, 632.895 (5) and (9) to (13), 632.896 and 632.897 (10) and chs. 609, 630, 635, 645 and 646, but the sponsoring association shall:".

AB133-ASA1-AA2,373,8 883. Page 1179, line 21: after that line insert:

AB133-ASA1-AA2,373,9 " Section 2309q. 196.19 (1m) (b) of the statutes is amended to read:

AB133-ASA1-AA2,373,18 196.19 (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.

AB133-ASA1-AA2, s. 2309r Section 2309r. 196.19 (1m) (e) of the statutes is repealed.".

AB133-ASA1-AA2,373,21 884. Page 1180, line 15: delete "The commission" and substitute "The commission Except as provided in s. 196.218 (4t), the".

AB133-ASA1-AA2,373,22 885. Page 1183, line 20: after that line insert:

AB133-ASA1-AA2,373,23 " Section 2329g. 196.218 (4t) of the statutes is created to read:

AB133-ASA1-AA2,374,5 196.218 (4t) Educational telecommunications access program rules. The commission, in consultation with the department of administration and the technology for educational achievement in Wisconsin board, shall promulgate rules specifying the telecommunications services eligible for funding through the educational telecommunications access program under s. 44.73.".

AB133-ASA1-AA2,374,7 886. Page 1184, line 9: after "bases." insert "This subdivision does not apply after June 30, 2001.".

AB133-ASA1-AA2,374,8 887. Page 1184, line 18: after that line insert:

AB133-ASA1-AA2,374,9 " Section 2332n. 196.218 (5) (a) 10. of the statutes is created to read:

AB133-ASA1-AA2,374,11 196.218 (5) (a) 10. To provide administrative services under the rehabilitation teaching program for blind and visually impaired persons under s. 46.293.".

AB133-ASA1-AA2,374,13 888. Page 1185, line 20: delete the material beginning with that line and ending with page 1186, line 9, and substitute:

AB133-ASA1-AA2,374,14 " Section 2335mr. 196.44 (2) (b) of the statutes is repealed.

AB133-ASA1-AA2, s. 2336mr Section 2336mr. 196.85 (2m) of the statutes is repealed.".

AB133-ASA1-AA2,374,16 889. Page 1186, line 2: after that line insert:

AB133-ASA1-AA2,374,17 " Section 2336g. 196.77 of the statutes is amended to read:

AB133-ASA1-AA2,375,3 196.77 Promotional rates. Except as provided in this section, nothing in this chapter prohibits a telecommunications utility from filing a tariff to make a limited offering of promotional rates. A promotional rate under this section shall take effect automatically at the time specified in the tariff but not earlier than 10 days after the date the tariff is filed with the commission unless the commission authorizes an earlier effective date or suspends the tariff within 10 days after the date on which it is filed. The commission may suspend a tariff if it believes that the tariff violates s. 196.204, 196.209 or 196.219. If the commission suspends a tariff, it shall investigate and resolve the matter within 60 days after the date on which the tariff is suspended or the tariff shall be effective as filed.".