Amendment AA1-ASA1-SB55

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 Chapter 127 of the statutes is repealed.".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.

SB55-ASA1-AA1,963,16 (8) "Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

SB55-ASA1-AA1,963,17 (9) "Governmental unit" means:

SB55-ASA1-AA1,963,21 (a) An agency, department, board, commission, office, authority, institution, or instrumentality of the federal government or of a state or of a political subdivision of a state or special purpose district within a state, regardless of the branch or branches of government in which it is located.

SB55-ASA1-AA1,963,22 (b) A political subdivision of a state or special purpose district within a state.

SB55-ASA1-AA1,963,23 (c) An association or society to which appropriations are made by law.

SB55-ASA1-AA1,964,3 (d) Any body within one or more of the entities specified in pars. (a) to (c) that is created or authorized to be created by the constitution, by law, or by action of one or more of the entities specified in pars. (a) to (c).

SB55-ASA1-AA1,964,4 (e) Any combination of any of the entities specified in pars. (a) to (d).

SB55-ASA1-AA1,964,6 (10) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.

SB55-ASA1-AA1,964,8 (11) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying, or processing information.

SB55-ASA1-AA1,964,10 (12) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

SB55-ASA1-AA1,964,16 (13) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record, or performance is that of a specific person or for detecting changes or errors in the information in an electronic record. The term includes a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption, callback, or other acknowledgment procedures.

SB55-ASA1-AA1,964,21 (14) "State" means a state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. The term includes an Indian tribe or band, or Alaskan native village, which is recognized by federal law or formally acknowledged by a state.

SB55-ASA1-AA1,964,24 (15) "Transaction" means an action or set of actions occurring between 2 or more persons relating to the conduct of business, commercial, or governmental affairs.

SB55-ASA1-AA1,965,3 137.12 Application. (1) Except as otherwise provided in sub. (2) and except in ss. 137.25 and 137.26, this subchapter applies to electronic records and electronic signatures relating to a transaction.

SB55-ASA1-AA1,965,5 (2) Except as otherwise provided in sub. (3), this subchapter does not apply to a transaction to the extent it is governed by:

SB55-ASA1-AA1,965,7 (a) Any law governing the execution of wills or the creation of testamentary trusts; or

SB55-ASA1-AA1,965,8 (b) Chapters 401 and 403 to 410, other than ss. 401.107 and 401.206.

SB55-ASA1-AA1,965,11 (3) This subchapter applies to an electronic record or electronic signature otherwise excluded from the application of this subchapter under sub. (2) to the extent it is governed by a law other than those specified in sub. (2).

SB55-ASA1-AA1,965,13 (4) A transaction subject to this subchapter is also subject to other applicable substantive law.

SB55-ASA1-AA1,965,15 (5) This subchapter applies to the state of Wisconsin, unless otherwise expressly provided.

SB55-ASA1-AA1,965,19 137.13 Use of electronic records and electronic signatures; variation by agreement. (1) This subchapter does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.

SB55-ASA1-AA1,965,23 (2) This subchapter applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.

SB55-ASA1-AA1,966,3 (3) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.

SB55-ASA1-AA1,966,7 (4) Except as otherwise provided in this subchapter, the effect of any provision of this subchapter may be varied by agreement. Use of the words "unless otherwise agreed," or words of similar import, in this subchapter shall not be interpreted to preclude other provisions of this subchapter from being varied by agreement.

SB55-ASA1-AA1,966,9 (5) Whether an electronic record or electronic signature has legal consequences is determined by this subchapter and other applicable law.

SB55-ASA1-AA1,966,10 137.14 Construction. This subchapter shall be construed and applied:

SB55-ASA1-AA1,966,11 (1) To facilitate electronic transactions consistent with other applicable law;

SB55-ASA1-AA1,966,13 (2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

SB55-ASA1-AA1,966,17 (3) To effectuate its general purpose to make uniform the law with respect to the subject of this subchapter among states enacting laws substantially similar to the Uniform Electronic Transactions Act as approved and recommended by the National Conference of Commissioners on Uniform State Laws in 1999.

SB55-ASA1-AA1,966,20 137.15 Legal recognition of electronic records, electronic signatures, and electronic contracts. (1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.