Amendment CA1-ASA1-AB133

AB133-ASA1-CA1,481,18 166.215 (1) The Beginning July 1, 2001, the division shall contract with no fewer than 7 and no more than 9 regional emergency response teams, each of which will one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd).".

AB133-ASA1-CA1,481,19 1305. Page 1179, line 5: after that line insert:

AB133-ASA1-CA1,481,20 " Section 2304c. 180.0103 (6) of the statutes is repealed and recreated to read:

AB133-ASA1-CA1,481,23 180.0103 (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-CA1, s. 2304cm Section 2304cm. 180.0103 (7m) of the statutes is created to read:

AB133-ASA1-CA1,482,6 180.0103 (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-CA1, s. 2304dm Section 2304dm. 180.0103 (16) of the statutes is amended to read:

AB133-ASA1-CA1,482,10 180.0103 (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-CA1, s. 2304ed Section 2304ed. 180.0141 (2) (a) of the statutes is amended to read:

AB133-ASA1-CA1,482,13 180.0141 (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-CA1, s. 2304fb Section 2304fb. 180.0141 (3) of the statutes is amended to read:

AB133-ASA1-CA1,482,22 180.0141 (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-CA1, s. 2304fh Section 2304fh. 180.0141 (5) (b) of the statutes is renumbered 180.0141 (5) (b) (intro.) and amended to read:

AB133-ASA1-CA1,483,2 180.0141 (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-CA1,483,5 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-CA1, s. 2304gb Section 2304gb. 180.0141 (5) (b) 2. of the statutes is created to read:

AB133-ASA1-CA1,483,8 180.0141 (5) (b) 2. When electronically transmitted to the shareholder in a manner authorized by the shareholder.

AB133-ASA1-CA1, s. 2304gm Section 2304gm. 180.0722 (2) of the statutes is repealed and recreated to read:

AB133-ASA1-CA1,483,15 180.0722 (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-CA1,483,19 (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-CA1,483,22 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-CA1,484,7 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-CA1,484,14 (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-CA1, s. 2304gz Section 2304gz. 180.0722 (3) of the statutes is amended to read:

AB133-ASA1-CA1,484,20 180.0722 (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-CA1, s. 2304hd Section 2304hd. 180.0722 (4) (a) (intro.) of the statutes is amended to read:

AB133-ASA1-CA1,485,2 180.0722 (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-CA1, s. 2304hL Section 2304hL. 180.0722 (7) of the statutes is amended to read:

AB133-ASA1-CA1,485,7 180.0722 (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-CA1, s. 2304ho Section 2304ho. 180.0722 (8) (a) of the statutes is amended to read:

AB133-ASA1-CA1,485,11 180.0722 (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-CA1, s. 2304jb Section 2304jb. 180.0724 (4) of the statutes is amended to read:

AB133-ASA1-CA1,485,16 180.0724 (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-CA1, s. 2304jm Section 2304jm. 180.0724 (5) of the statutes is amended to read:

AB133-ASA1-CA1,485,20 180.0724 (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-CA1,485,21 1306. Page 1179, line 5: after that line insert:

AB133-ASA1-CA1,485,22 " Section 2307a. 177.01 (10) of the statutes is renumbered 177.01 (10) (a).

AB133-ASA1-CA1, s. 2307d Section 2307d. 177.01 (10) (b) of the statutes is created to read:

AB133-ASA1-CA1,486,4 177.01 (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-CA1,486,5 1307. Page 1179, line 5: after that line insert:

AB133-ASA1-CA1,486,6 " Section 2305p. 170.12 (3m) (a) 1. of the statutes is amended to read:

AB133-ASA1-CA1,486,8 170.12 (3m) (a) 1. If the applicant is an individual and has a social security number, the applicant's social security number.

AB133-ASA1-CA1, s. 2305r Section 2305r. 170.12 (3m) (a) 1m. of the statutes is created to read:

AB133-ASA1-CA1,486,14 170.12 (3m) (a) 1m. If the applicant is an individual and does not have a social security number, a statement made or subscribed under oath or affirmation that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A permit issued in reliance upon a false statement submitted under this subdivision is invalid.

AB133-ASA1-CA1, s. 2305s Section 2305s. 170.12 (3m) (b) of the statutes is amended to read:

AB133-ASA1-CA1,486,17 170.12 (3m) (b) The board may not disclose any information received under par. (a) 1. or 2. to any person except as follows:

AB133-ASA1-CA1,486,19 1. The board may disclose information under par. (a) 1. or 2. to the department of revenue for the sole purpose of requesting certifications under s. 73.0301.

AB133-ASA1-CA1,486,22 2. The board may disclose information under par. (a) 1. or 2. to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.".

AB133-ASA1-CA1,486,23 1308. Page 1179, line 5: after that line insert:

AB133-ASA1-CA1,486,24 " Section 2305m. 180.1901 (1m) (bs) of the statutes is created to read:

AB133-ASA1-CA1,487,2 180.1901 (1m) (bs) Athletic trainers affiliated credentialing board under subch. VI of ch. 448.".

AB133-ASA1-CA1,487,3 1309. Page 1179, line 19: after that line insert:

AB133-ASA1-CA1,487,4 " Section 2308dm. 189.02 (7) of the statutes is created to read:

AB133-ASA1-CA1,487,7 189.02 (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-CA1,487,8 1310. Page 1179, line 19: after that line insert:

AB133-ASA1-CA1,487,9 " Section 2308r. 186.098 (12) of the statutes is amended to read:

AB133-ASA1-CA1,487,18 186.098 (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-CA1,487,19 1311. Page 1179, line 21: after that line insert:

AB133-ASA1-CA1,487,20 " Section 2309q. 196.19 (1m) (b) of the statutes is amended to read:

AB133-ASA1-CA1,488,5 196.19 (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-CA1, s. 2309r Section 2309r. 196.19 (1m) (e) of the statutes is repealed.".

AB133-ASA1-CA1,488,7 1312. Page 1179, line 21: after that line insert:

AB133-ASA1-CA1,488,9 " Section 2309q. 196.04 (4) of the statutes is renumbered 196.04 (4) (b) and amended to read:

AB133-ASA1-CA1,488,24 196.04 (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.

AB133-ASA1-CA1, s. 2309s Section 2309s. 196.04 (4) (a) of the statutes is created to read:

AB133-ASA1-CA1,489,2 196.04 (4) (a) In this subsection:

AB133-ASA1-CA1,489,3 1. "Cable operator" has the meaning given in s. 66.082 (2) (b).

AB133-ASA1-CA1,489,4 2. "Sewerage system operator" means any of the following:

AB133-ASA1-CA1,489,5 a. A municipality that operates a sewerage system under s. 66.076.

AB133-ASA1-CA1,489,7 b. A town sanitary district commission that operates a sewerage system under 60.77 (4).

AB133-ASA1-CA1,489,8 c. A city or village that obtains a sewerage system under s. 60.79.

AB133-ASA1-CA1,489,10 d. A metropolitan sewerage district commission that operates a sewerage system under s. 66.24 (2) or 66.89 (1).

AB133-ASA1-CA1,489,13 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).".

AB133-ASA1-CA1,489,14 1313. Page 1179, line 21: after that line insert:

AB133-ASA1-CA1,489,15 " Section 2313m. 196.208 (5p) of the statutes is created to read:

AB133-ASA1-CA1,489,16 196.208 (5p) Toll-free calls answered by prisoners. (a) In this subsection:

AB133-ASA1-CA1,489,17 1. "Charitable organization" has the meaning given in s. 440.41 (1).

AB133-ASA1-CA1,489,19 2. "Prisoner" means a prisoner of any correctional or detention facility located in this state.

AB133-ASA1-CA1,489,23 (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:

AB133-ASA1-CA1,489,24 1. Identify himself or herself by name.

AB133-ASA1-CA1,490,1 2. State that he or she is a prisoner.

AB133-ASA1-CA1,490,3 3. Inform the calling party of the name of the correctional or detention facility in which he or she is a prisoner and the city in which the facility is located.

AB133-ASA1-CA1,490,6 (c) A charitable organization or toll-free service vendor that directly or indirectly employs a prisoner shall provide reasonable supervision of the prisoner to assure the prisoner's compliance with par. (b).

AB133-ASA1-CA1, s. 2313u Section 2313u. 196.208 (11) (d) of the statutes is renumbered 196.208 (11) (d) 1. and amended to read:

AB133-ASA1-CA1,490,11 196.208 (11) (d) 1. Any Except as provided in subd. 2., any person who violates subs. (2) to (9) shall be required to forfeit not less than $25 nor more than $5,000 for each offense.

AB133-ASA1-CA1,490,14 3. Forfeitures under this paragraph subds. 1. and 2. shall be enforced by action on behalf of the state by the department of justice or, upon informing the department of justice, by the district attorney of the county where the violation occurs.

AB133-ASA1-CA1, s. 2313y Section 2313y. 196.208 (11) (d) 2. of the statutes is created to read:

AB133-ASA1-CA1,490,17 196.208 (11) (d) 2. a. A prisoner who violates sub. (5p) (b) may be required to forfeit not more than $500.

AB133-ASA1-CA1,490,22 b. A person who employs a prisoner to answer calls made to a toll-free telephone number may be required to forfeit not more than $10,000 if the person violates sub. (5p) (c), aids and abets a prisoner's violation of sub. (5p) (b), is a party to a conspiracy with a prisoner to commit a violation of sub. (5p) (b) or advises, hires or counsels or otherwise procures a prisoner to commit a violation of sub. (5p) (b).".