Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,952,3 126.85 Remedial orders. (1) General. The department may, by special order, require a contractor to remedy a violation of this chapter or a rule promulgated under this chapter. The department may order the contractor to take specific remedial actions, including actions to remedy deficiencies or to prevent losses to persons protected under this chapter. Except as provided in sub. (2), the department shall give the contractor notice and an opportunity for hearing before the department issues an order.

SB55-ASA1-AA1,952,7 (2) Summary order. The department may issue an order under sub. (1) without prior notice or hearing if the department finds that the order is necessary to prevent a clear and imminent threat of harm to persons protected under this chapter. Conditions indicating a clear and imminent threat of harm include the following:

SB55-ASA1-AA1,952,9 (a) A contractor fails to pay producers according to this chapter or according to the contractor's contracts with producers.

SB55-ASA1-AA1,952,11 (b) A contractor fails to file replacement insurance within the time required under this chapter.

SB55-ASA1-AA1,952,13 (c) A contractor fails to file security according to this chapter, or in response to the department's demand under this chapter.

SB55-ASA1-AA1,952,14 (d) A contractor fails to pay a fund assessment when due.

SB55-ASA1-AA1,952,17 (e) A vegetable contractor fails to pay vegetable producers by January 31 for vegetables delivered by December 31 of the previous year, except as authorized in a deferred payment contract.

SB55-ASA1-AA1,952,19 (f) A grain warehouse keeper fails to return grain to depositors upon demand, as required under s. 126.34 (4).

SB55-ASA1-AA1,952,21 (g) A grain warehouse keeper fails to maintain adequate grain inventory as required under s. 126.34 (3), and at least one of the following applies:

SB55-ASA1-AA1,952,23 1. The amount of the deficiency exceeds 10,000 bushels or 10% of the grain warehouse keeper's obligations to depositors, whichever amount is less.

SB55-ASA1-AA1,952,25 2. The grain warehouse keeper fails to correct the deficiency within 15 days after receiving the department's written notice that a deficiency exists.

SB55-ASA1-AA1,953,7 (3) Hearing on summary order. (a) A contractor named in a summary order under sub. (2) may, within 10 days after receiving the order, request a hearing on the order. The department shall hold an informal hearing as soon as possible after receiving a hearing request, but not later than 10 days after receiving the hearing request, unless the contractor waives the informal hearing or agrees to hold it at a later date. If the matter is not resolved at the informal hearing, the department shall hold a contested case hearing under ch. 227 as soon as reasonably possible.

SB55-ASA1-AA1,953,9 (b) A hearing request under par. (a) does not automatically stay a summary order. The department may stay a summary order pending hearing.

SB55-ASA1-AA1,953,12 126.86 License actions. (1) General. The department may for cause deny, suspend, revoke, or impose conditions on a contractor's license, as provided in s. 93.06 (7) and (8). Cause may include any of the following:

SB55-ASA1-AA1,953,14 (a) The contractor fails to comply with this chapter or a rule promulgated under this chapter.

SB55-ASA1-AA1,953,16 (b) The contractor fails to comply with an order that the department issues under this chapter.

SB55-ASA1-AA1,953,18 (c) The contractor fails to provide relevant information that the department requests under this chapter or falsifies information provided to the department.

SB55-ASA1-AA1,953,21 (d) The contractor fails to file a financial statement, security, fees, or assessments required under this chapter, or fails to meet other requirements for licensing.

SB55-ASA1-AA1,953,23 (e) The contractor fails to honor contract obligations to persons who are authorized to file default claims under s. 126.70 (1).

SB55-ASA1-AA1,954,2 (f) The contractor fails to reimburse the department, within 60 days after the department issues a reimbursement demand under s. 126.73 (1), for the full amount that the department pays to claimants under s. 126.72 (1) because of the contractor's default.

SB55-ASA1-AA1,954,6 (g) The contractor fails to reimburse a bond surety, within 60 days after the bond surety issues a reimbursement demand under s. 126.73 (2), for the full amount that the surety pays to the department under s. 126.72 (2) or (3) for the benefit of claimants affected by the contractor's default.

SB55-ASA1-AA1,954,10 (2) Hearing on license action; general. Except as provided in sub. (3), the department shall give a contractor notice and an opportunity for hearing before the department suspends, revokes, or imposes conditions on a license held by the contractor.

SB55-ASA1-AA1,954,16 (3) Summary action. (a) The department may, without prior notice or hearing, summarily suspend, revoke, or impose conditions on a license held by a contractor if the department finds that summary action is necessary to prevent a clear and imminent threat of harm to persons protected under this chapter. Conditions indicating a clear and imminent threat of harm include those identified in s. 126.85 (2).

SB55-ASA1-AA1,954,23 (b) A contractor who is the subject of a summary action under par. (a) may, within 10 days after receiving notice of that action, request a hearing on the action. The department shall hold an informal hearing as soon as possible after receiving a hearing request, but not later than 10 days after receiving the hearing request, unless the contractor waives the informal hearing or agrees to hold it at a later date. If the matter is not resolved at the informal hearing, the department shall hold a contested case hearing under ch. 227 as soon as reasonably possible.

SB55-ASA1-AA1,954,25 (c) A request for hearing under par. (b) does not automatically stay a summary action under par. (a). The department may stay a summary action pending hearing.

SB55-ASA1-AA1,955,6 126.87 Court actions. (1) Injunction. The department may petition the circuit court for an ex parte temporary restraining order, a temporary injunction, or a permanent injunction to prevent, restrain, or enjoin any person from violating this chapter, any rule promulgated under this chapter, or any order issued under this chapter. The department may seek this remedy in addition to any other penalty or remedy provided under this chapter.

SB55-ASA1-AA1,955,9 (2) Penalties. (a) A person who violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter is subject to a forfeiture of not less than $250 nor more than $5,000 for each violation.

SB55-ASA1-AA1,955,12 (b) A person who intentionally violates this chapter, a rule promulgated under this chapter, or an order issued under this chapter may be fined not more than $10,000 or imprisoned for not more than one year in the county jail or both.

SB55-ASA1-AA1,955,19 (4) Private remedy. (a) A person whose claim is allowed under s. 126.70 may bring an action against the contractor to recover the amount of the allowed claim, less any recovery amount that the department pays to the claimant under s. 126.71. In any court action under this subsection, the claimant may recover costs including all reasonable attorney fees, notwithstanding s. 814.04 (1). This subsection does not limit any other legal cause of action that the claimant may have against the contractor.

SB55-ASA1-AA1,955,22 (b) A claim allowed under s. 126.70 has the same priority in an insolvency proceeding or creditor's action as a claim for wages, except as otherwise provided by federal law.

SB55-ASA1-AA1,955,25 (5) Collections. The department may bring an action in court to recover any unpaid amount that a contractor owes the department under this chapter, including any unpaid fund assessment or reimbursement.

SB55-ASA1-AA1,956,3 126.88 Modifying fund assessments. The department may by rule modify the fund assessments provided under s. 126.15, 126.30, 126.46, or 126.60. The department shall modify fund assessments as necessary to do all of the following:

SB55-ASA1-AA1,956,5 (1) Maintain an overall fund balance of at least $5,000,000 after January 1, 2006, but not more than $22,000,000 at any time.

SB55-ASA1-AA1,956,7 (2) Maintain a fund balance attributable to grain dealers of at least $1,000,000 after January 1, 2006, but not more than $6,000,000 at any time.

SB55-ASA1-AA1,956,9 (3) Maintain a fund balance attributable to grain warehouse keepers of at least $200,000 after January 1, 2006, but not more than $1,000,000 at any time.

SB55-ASA1-AA1,956,11 (4) Maintain a fund balance attributable to milk contractors of at least $3,000,000 after January 1, 2006, but not more than $12,000,000 at any time.

SB55-ASA1-AA1,956,13 (5) Maintain a fund balance attributable to vegetable contractors of at least $800,000 after January 1, 2006, but not more than $3,000,000 at any time.

SB55-ASA1-AA1,956,20 126.89 Calculations. If a number used in or resulting from a calculation made to determine the amount of an assessment under s. 126.15, 126.30, 126.46, or 126.60, other than a number that appears in one of those sections, extends more than 6 decimal places to the right of the decimal point, a person making the calculation shall round the number to the nearest whole digit in the 6th decimal place to the right of the decimal point. The amount of an assessment may be rounded to the nearest whole dollar.

SB55-ASA1-AA1,957,2 126.90 Agricultural producer security council. The agricultural producer security council shall advise the department on the administration and enforcement of this chapter. The council shall meet as often as the department considers necessary, but at least once annually. The department shall inform the council of fund balances and payments, and shall consult with the council before modifying any license fee, license surcharge, or fund assessment under this chapter.

SB55-ASA1-AA1, s. 2814 Section 2814. Chapter 127 of the statutes is repealed.".

SB55-ASA1-AA1,957,4 1482. Page 939, line 16: after that line insert:

SB55-ASA1-AA1,957,5 " Section 2812k. 125.52 (2) of the statutes is amended to read:

SB55-ASA1-AA1,957,11 125.52 (2) Limited manufacturer's permit. The department shall issue a limited manufacturer's permit which authorizes the use or sale of the intoxicating liquor produced only if it is rendered unfit for use as a beverage and is used or sold for use as fuel. The department shall notify the department of natural resources environmental management of the name and address of any person to whom a limited manufacturer's permit is issued.

SB55-ASA1-AA1, s. 2814e Section 2814e. 134.60 of the statutes is amended to read:

SB55-ASA1-AA1,958,20 134.60 Cutting or transportation of evergreens. No person may cut for sale in its natural condition and untrimmed, with or without roots, any evergreen or coniferous tree, branch, bough, bush, sapling or shrub, from the lands of another without the written consent of the owner, whether such land is publicly or privately owned. The written consent shall contain the legal description of the land where the tree, branch, bough, bush, sapling or shrub was cut, as well as the name of the legal owner. The written consent or a certified copy of the consent shall be carried by every person in charge of the cutting or removing of the trees, branches, boughs, bushes, saplings or shrubs, and shall be exhibited to any officer of the law, forest ranger, forest patrol officer, conservation warden, or other officer of the department of natural resources fish, wildlife, parks, and forestry at the officer's request at any time. The officer may inspect the trees, branches, boughs, bushes, saplings or shrubs when being transported in any vehicle or other means of conveyance and may investigate to determine whether or not this section has been complied with. The officer may stop any vehicle or means of conveyance found carrying any trees, branches, boughs, bushes, saplings or shrubs upon any public highway of this state for the purpose of making such inspection and investigation, and may seize and hold, subject to the order of the court, any such trees, bushes, saplings or shrubs found being cut, removed or transported in violation of this section. No person may ship or transport any such trees, bushes, saplings or shrubs outside the county where they were cut unless the person attaches to the outside of each package, box, bale, truckload or carload shipped a tag or label on which appears the person's name and address. No common carrier or truck hauler may receive for shipment or transportation any such trees, bushes, saplings or shrubs unless the tag or label is attached. Any person who violates this section shall be fined not less than $10 nor more than $100. Any person who signs any such written consent or certified copy under this section who is not authorized to do so, and any person who lends or transfers or offers to lend or transfer any such written consent or certified copy to another person who is not entitled to use it, and any person not entitled to use any such written consent or certified copy, or who borrows, receives or solicits from another any such written consent or certified copy thereof shall be fined not less than $100 nor more than $500.".

SB55-ASA1-AA1,958,21 1483. Page 939, line 16: after that line insert:

SB55-ASA1-AA1,958,22 " Section 2814dd. 127.01 (1r) of the statutes is amended to read:

SB55-ASA1-AA1,959,3 127.01 (1r) "Audited financial statement" means a financial statement on which an independent certified public accountant, or an independent public accountant holding a certificate of authority licensed or certified under ch. 442, has expressed an opinion according to generally accepted accounting principles and has conducted an audit according to generally accepted auditing standards.

SB55-ASA1-AA1, s. 2814dh Section 2814dh. 127.01 (25m) (b) of the statutes is amended to read:

SB55-ASA1-AA1,959,8 127.01 (25m) (b) The financial statement is reviewed according to generally accepted accounting principles by an independent certified public accountant or an independent public accountant who holds a certificate of authority licensed or certified under ch. 442.

SB55-ASA1-AA1, s. 2814dp Section 2814dp. 127.06 (1) (e) of the statutes is amended to read:

SB55-ASA1-AA1,959,17 127.06 (1) (e) The department may extend the filing deadline under par. (a) 2. by up to 30 days in response to a written request from a warehouse keeper or an independent certified public accountant, or an independent public accountant holding a certificate of authority licensed or certified under ch. 442, that is auditing or reviewing the financial statement for a warehouse keeper if the department receives the request on or before the 5th day of the 4th month beginning after the close of the warehouse keeper's fiscal year and if the request states the reason for the extension.

SB55-ASA1-AA1, s. 2814dt Section 2814dt. 127.06 (1m) (e) of the statutes is amended to read:

SB55-ASA1-AA1,959,25 127.06 (1m) (e) The department may extend the filing deadline under par. (b) 2. by up to 30 days in response to a written request from a grain dealer or an independent certified public accountant, or an independent public accountant who holds a certificate of authority licensed or certified under ch. 442, that is auditing or reviewing the financial statement for a grain dealer, if the department receives the written request on or before the 5th day of the 4th month beginning after the close of the grain dealer's fiscal year and if the request states the reason for the extension.".

SB55-ASA1-AA1,960,1 1484. Page 940, line 10: after that line insert:

SB55-ASA1-AA1,960,2 " Section 2829. Chapter 137 (title) of the statutes is amended to read:

SB55-ASA1-AA1,960,5 CHAPTER 137 authentications AND ELECTRONIC TRANSACTIONS AND records

SB55-ASA1-AA1, s. 2830 Section 2830. Subchapter I (title) of chapter 137 [precedes 137.01] of the statutes is amended to read:

SB55-ASA1-AA1,960,8 CHAPTER 137

SB55-ASA1-AA1,960,12 SUBCHAPTER I NOTARIES AND COMMISSIONERS OF DEEDS; NONELECTRONIC NOTARIZATION AND ACKNOWLEDGEMENT".

SB55-ASA1-AA1,960,13 1485. Page 941, line 15: after that line insert:

SB55-ASA1-AA1,960,14 " Section 2831. 137.01 (3) (a) of the statutes is amended to read:

SB55-ASA1-AA1,960,20 137.01 (3) (a) Every Except as authorized in s. 137.19, every notary public shall provide an engraved official seal which makes a distinct and legible impression or official rubber stamp which makes a distinct and legible imprint on paper. The impression of the seal or the imprint of the rubber stamp shall state only the following: "Notary Public," "State of Wisconsin" and the name of the notary. But any notarial seal in use on August 1, 1959, shall be considered in compliance.

SB55-ASA1-AA1, s. 2832 Section 2832. 137.01 (4) (a) of the statutes is amended to read:

SB55-ASA1-AA1,960,24 137.01 (4) (a) Every official act of a notary public shall be attested by the notary public's written signature or electronic signature, as defined in s. 137.04 (2) 137.11 (8).

SB55-ASA1-AA1, s. 2833 Section 2833. 137.01 (4) (b) of the statutes is amended to read:

SB55-ASA1-AA1,961,8 137.01 (4) (b) All Except as authorized in s. 137.19, all certificates of acknowledgments of deeds and other conveyances, or any written instrument required or authorized by law to be acknowledged or sworn to before any notary public, within this state, shall be attested by a clear impression of the official seal or imprint of the rubber stamp of said officer, and in addition thereto shall be written or stamped either the day, month and year when the commission of said notary public will expire, or that such commission is permanent.".

SB55-ASA1-AA1,961,9 1486. Page 942, line 9: after that line insert:

SB55-ASA1-AA1,961,10 " Section 2841n. 138.09 (7) (i) 3. of the statutes is amended to read:

SB55-ASA1-AA1,961,14 138.09 (7) (i) 3. On motor vehicle loans, the actual filing fee required for filing with the department of transportation under ch. 342 or, on boat loans, the filing fee required for filing with the department of natural resources fish, wildlife, parks, and forestry under subch. V of ch. 30.".

SB55-ASA1-AA1,961,15 1487. Page 942, line 9: after that line insert:

SB55-ASA1-AA1,961,17 " Section 2834. Subchapter II (title) of chapter 137 [precedes 137.04] of the statutes is amended to read:

SB55-ASA1-AA1,961,18 CHAPTER 137

SB55-ASA1-AA1,961,23 subchAPTER ii ELECTRONIC SIGNATURES TRANSACTIONS AND records; Electronic notarization and acknowledgement

SB55-ASA1-AA1, s. 2835 Section 2835. 137.04 of the statutes is repealed.

SB55-ASA1-AA1, s. 2836 Section 2836. 137.05 (title) of the statutes is renumbered 137.25 (title) and amended to read:

SB55-ASA1-AA1,962,4 137.25 (title) Submission of written documents records to governmental units.

SB55-ASA1-AA1, s. 2837 Section 2837. 137.05 of the statutes is renumbered 137.25 (1) and amended to read:

SB55-ASA1-AA1,962,13 137.25 (1) Unless otherwise prohibited provided by law, with the consent of a governmental unit of this state that is to receive a record, any document record that is required by law to be submitted in writing to a that governmental unit and that requires a written signature may be submitted by transforming the document into as an electronic format, but only with the consent of the governmental unit that is to receive the document record, and if submitted as an electronic record may incorporate an electronic signature.

SB55-ASA1-AA1, s. 2838 Section 2838. 137.06 of the statutes is repealed.

SB55-ASA1-AA1, s. 2839 Section 2839. 137.11 to 137.24 of the statutes are created to read:

SB55-ASA1-AA1,962,16 137.11 Definitions. In this subchapter:

SB55-ASA1-AA1,962,20 (1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.

SB55-ASA1-AA1,962,25 (2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or by the use of electronic records, in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course in forming a contract, performing under an existing contract, or fulfilling an obligation required by the transaction.

SB55-ASA1-AA1,963,3 (3) "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.

SB55-ASA1-AA1,963,5 (4) "Contract" means the total legal obligation resulting from the parties' agreement as affected by this subchapter and other applicable law.

SB55-ASA1-AA1,963,7 (5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

SB55-ASA1-AA1,963,11 (6) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances in whole or in part, without review or action by an individual.

SB55-ASA1-AA1,963,13 (7) "Electronic record" means a record that is created, generated, sent, communicated, received, or stored by electronic means.