Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,970,23 137.22 Automated transactions. In an automated transaction:

SB55-ASA1-AA1,971,3 (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agent's actions or the resulting terms and agreements.

SB55-ASA1-AA1,971,8 (2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.

SB55-ASA1-AA1,971,10 (3) The terms of a contract under sub. (1) or (2) are governed by the substantive law applicable to the contract.

SB55-ASA1-AA1,971,12 137.23 Time and place of sending and receipt. (1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

SB55-ASA1-AA1,971,16 (a) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;

SB55-ASA1-AA1,971,17 (b) Is in a form capable of being processed by that system; and

SB55-ASA1-AA1,971,21 (c) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient which is under the control of the recipient.

SB55-ASA1-AA1,971,23 (2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:

SB55-ASA1-AA1,972,2 (a) It enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and

SB55-ASA1-AA1,972,3 (b) It is in a form capable of being processed by that system.

SB55-ASA1-AA1,972,6 (3) Subsection (2) applies even if the place where the information processing system is located is different from the place where the electronic record is deemed to be received under sub. (4).

SB55-ASA1-AA1,972,10 (4) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection:

SB55-ASA1-AA1,972,13 (a) If the sender or recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.

SB55-ASA1-AA1,972,15 (b) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.

SB55-ASA1-AA1,972,17 (5) An electronic record is received under sub. (2) even if no individual is aware of its receipt.

SB55-ASA1-AA1,972,20 (6) Receipt of an electronic acknowledgment from an information processing system described in sub. (2) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.

SB55-ASA1-AA1,972,25 (7) If a person is aware that an electronic record purportedly sent under sub. (1), or purportedly received under sub. (2), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.

SB55-ASA1-AA1,973,3 137.24 Transferable records. (1) In this section, "transferable record" means an electronic record that would be a note under ch. 403 or a record under ch. 407 if the electronic record were in writing.

SB55-ASA1-AA1,973,6 (1m) An electronic record qualifies as a transferable record under this section only if the issuer of the electronic record expressly has agreed that the electronic record is a transferable record.

SB55-ASA1-AA1,973,9 (2) A person has control of a transferable record if a system employed for evidencing the transfer of interests in the transferable record reliably establishes that person as the person to which the transferable record was issued or transferred.

SB55-ASA1-AA1,973,12 (3) A system satisfies the requirements of sub. (2), and a person is deemed to have control of a transferable record, if the transferable record is created, stored, and assigned in such a manner that:

SB55-ASA1-AA1,973,14 (a) A single authoritative copy of the transferable record exists which is unique, identifiable, and, except as otherwise provided in pars. (d) to (f), unalterable;

SB55-ASA1-AA1,973,18 (b) The authoritative copy identifies the person asserting control as the person to which the transferable record was issued or, if the authoritative copy indicates that the transferable record has been transferred, the person to which the transferable record was most recently transferred;

SB55-ASA1-AA1,973,20 (c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

SB55-ASA1-AA1,973,22 (d) Copies or revisions that add or change an identified assignee of the authoritative copy can be made only with the consent of the person asserting control;

SB55-ASA1-AA1,973,24 (e) Each copy of the authoritative copy and any copy of a copy is readily identifiable as a copy that is not the authoritative copy; and

SB55-ASA1-AA1,974,2 (f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

SB55-ASA1-AA1,974,10 (4) Except as otherwise agreed, a person having control of a transferable record is the holder, as defined in s. 401.201 (20), of the transferable record and has the same rights and defenses as a holder of an equivalent record or writing under chs. 401 to 411, including, if the applicable statutory requirements under s. 403.302 (1), 407.501, or 409.308 are satisfied, the rights and defenses of a holder in due course, a holder to which a negotiable record of title has been duly negotiated, or a purchaser, respectively. Delivery, possession, and endorsement are not required to obtain or exercise any of the rights under this subsection.

SB55-ASA1-AA1,974,13 (5) Except as otherwise agreed, an obligor under a transferable record has the same rights and defenses as an equivalent obligor under equivalent records or writings under chs. 401 to 411.

SB55-ASA1-AA1,974,19 (6) If requested by a person against which enforcement is sought, the person seeking to enforce the transferable record shall provide reasonable proof that the person is in control of the transferable record. Proof may include access to the authoritative copy of the transferable record and related business records sufficient to review the terms of the transferable record and to establish the identity of the person having control of the transferable record.

SB55-ASA1-AA1, s. 2840 Section 2840. 137.25 (2) of the statutes is created to read:

SB55-ASA1-AA1,974,24 137.25 (2) (a) The department of administration shall promulgate rules concerning the use of electronic records and electronic signatures by governmental units, which shall govern the use of electronic records or signatures by governmental units, unless otherwise provided by law.

SB55-ASA1-AA1,975,5 (b) The department of administration and the secretary of state shall jointly promulgate rules establishing requirements that, unless otherwise provided by law, a notary public must satisfy in order to use an electronic signature for any attestation. The joint rules shall be numbered as rules of each agency in the Wisconsin Administrative Code.

SB55-ASA1-AA1, s. 2841 Section 2841. 137.26 of the statutes is created to read:

SB55-ASA1-AA1,975,13 137.26 Interoperability. If a governmental unit of this state adopts standards regarding its receipt of electronic records or electronic signatures under s. 137.25, the governmental unit shall promote consistency and interoperability with similar standards adopted by other governmental units of this state and other states and the federal government and nongovernmental persons interacting with governmental units of this state. Any standards so adopted may include alternative provisions if warranted to meet particular applications.".

SB55-ASA1-AA1,975,14 1488. Page 942, line 9: after that line insert:

SB55-ASA1-AA1,975,15 " Section 2841m. 139.03 (5) (b) 2. of the statutes is amended to read:

SB55-ASA1-AA1,975,22 139.03 (5) (b) 2. A person who is a member of the national guard, the U. S. armed forces or a reserve component of the U. S. armed forces; who is a state resident; and who leaves a foreign country, after spending at least 48 hours in that foreign country on duty or for training, with the purpose of entering into this state may bring into the state, in sealed original containers and in the person's immediate possession, intoxicating liquor and wine in an aggregate amount not exceeding 6 16 liters without paying the tax imposed under this subchapter on that amount.".

SB55-ASA1-AA1,975,23 1489. Page 942, line 14: delete lines 14 to 19.

SB55-ASA1-AA1,975,24 1490. Page 943, line 24: after that line insert:

SB55-ASA1-AA1,976,1 " Section 2845p. 139.32 (5) of the statutes is amended to read:

SB55-ASA1-AA1,976,6 139.32 (5) Manufacturers and distributors having a permit from the secretary shall receive a discount of 1.6% of the tax, except that, for a tax rate greater than 29.5 mills under s. 139.31 (1) (a) or greater than 59 mills under s. 139.31 (1) (b), manufacturers and distributors having a permit from the secretary shall receive a discount of 2% of the tax.".

SB55-ASA1-AA1,976,8 1491. Page 944, line 15: delete the material beginning with that line and ending on page 945, line 8.

SB55-ASA1-AA1,976,9 1492. Page 945, line 8: after that line insert:

SB55-ASA1-AA1,976,10 " Section 2848q. 145.245 (3) of the statutes is amended to read:

SB55-ASA1-AA1,977,2 145.245 (3) Maintenance. The department shall establish a maintenance program to be administered by governmental units. The maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 281.48 or by an employee of the state or governmental unit designated by the department. The department of natural resources environmental management may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources environmental management finds that the licensee or operator falsified information on inspection forms. The department of commerce may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.".

SB55-ASA1-AA1,977,3 1493. Page 945, line 25: after that line insert:

SB55-ASA1-AA1,977,4 " Section 2848sb. 146.343 of the statutes is created to read:

SB55-ASA1-AA1,977,6 146.343 Use of human fetal body part, embryos, embryonic stem cells and embryonic stem cell lines for research prohibited. (1) In this section:

SB55-ASA1-AA1,977,8 (a) "Embryo" means a human being from the point of fertilization, including the single-cell state, until approximately the end of the 2nd month.

SB55-ASA1-AA1,977,10 (b) "Embryonic stem cell" means a totipotent or pluripotent cell of the human body that is derived from an embryo.

SB55-ASA1-AA1,977,12 (c) "Embryonic stem cell line" means embryonic stem cells that are capable of prolonged proliferation in culture as totipotent or pluripotent embryonic stem cells.

SB55-ASA1-AA1,977,14 (d) "Fetal body part" means a cell, tissue, organ, or other part of a human being after fertilization who is aborted by an induced abortion.

SB55-ASA1-AA1,977,16 (e) "Pluripotent" means capable of giving rise to most tissues of a human organism.

SB55-ASA1-AA1,977,19 (f) "Totipotent" means having the capacity to specialize into human extraembryonic membranes and tissues, the human embryo, and all postembryonic human tissues and organs.

SB55-ASA1-AA1,977,22 (2) Except as provided in sub. (3), no person may knowingly use a fetal body part, an embryo, an embryonic stem cell, or an embryonic stem cell line for purposes of research.

SB55-ASA1-AA1,978,3 (3) A person may, at any time, use, for research purposes, an embryonic stem cell or an embryonic stem cell line that exists before January 1, 2002, or an embryonic stem cell line derived from an embryonic stem cell that exists before January 1, 2002.

SB55-ASA1-AA1,978,5 (4) Any person who violates this section may be fined not more than $50,000 or imprisoned for not more than 7 years and 6 months, or both.".

SB55-ASA1-AA1,978,6 1494. Page 946, line 6: after that line insert:

SB55-ASA1-AA1,978,7 " Section 2850ag. 146.60 (1) (c) of the statutes is amended to read:

SB55-ASA1-AA1,978,10 146.60 (1) (c) "Departments" means the department of agriculture, trade and consumer protection and the department of natural resources environmental management.

SB55-ASA1-AA1, s. 2850ah Section 2850ah. 146.60 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,978,14 146.60 (2) (a) The department of natural resources environmental management shall be the reviewing department for any regulated release subject to 15 USC 2601 to 2629.

SB55-ASA1-AA1, s. 2850ai Section 2850ai. 146.60 (3) (c) 1. of the statutes is amended to read:

SB55-ASA1-AA1,978,19 146.60 (3) (c) 1. If the department of natural resources environmental management receives information under this subsection or sub. (4) (c), it shall provide the department of agriculture, trade and consumer protection with a copy of the information.

SB55-ASA1-AA1, s. 2850aj Section 2850aj. 146.60 (3) (c) 2. of the statutes is amended to read:

SB55-ASA1-AA1,978,24 146.60 (3) (c) 2. If the department of agriculture, trade and consumer protection receives information under this subsection or sub. (4) (c), it shall provide the department of natural resources environmental management with a copy of the information.

SB55-ASA1-AA1, s. 2850ak Section 2850ak. 146.60 (5) of the statutes is amended to read:

SB55-ASA1-AA1,979,8 146.60 (5) Memorandum of understanding. Within 6 months after June 13, 1989, the department of natural resources environmental management shall enter into a memorandum of understanding with the department of agriculture, trade and consumer protection setting forth the procedures and responsibilities of the departments in the administration of this section. The memorandum shall establish procedures that minimize the duplication of effort between the departments and for the person providing information under sub. (3).".

SB55-ASA1-AA1,979,9 1495. Page 946, line 6: after that line insert:

SB55-ASA1-AA1,979,10 " Section 2850ag. 146.56 (1) of the statutes is amended to read:

SB55-ASA1-AA1,979,15 146.56 (1) Not later than July 1, 2002, the department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under s. 15.197 (25) in developing and implementing the system, and, as part of the system, shall develop regional trauma advisory councils.

SB55-ASA1-AA1, s. 2850ah Section 2850ah. 146.56 (2) of the statutes is amended to read:

SB55-ASA1-AA1,980,3 146.56 (2) The department shall promulgate rules to develop and implement the system. The rules shall include a method by which to classify all hospitals as to their respective emergency care capabilities. The classification rule shall be based on standards developed by the American College of Surgeons. Within 180 days after promulgation of the classification rule, and every 4 3 years thereafter, each hospital shall certify to the department the classification level of trauma care services that is provided by the hospital, based on the rule. The department may require a hospital to document the basis for its certification. The department may not direct a hospital to establish a certain level of certification. Confidential injury data that is collected under this subsection shall be used for confidential review relating to performance improvements in the trauma care system, and may be used for no other purpose.".

SB55-ASA1-AA1,980,4 1496. Page 946, line 7: delete lines 7 to 13.

SB55-ASA1-AA1,980,5 1497. Page 946, line 13: after that line insert:

SB55-ASA1-AA1,980,6 " Section 2850bm. 148.19 (2) of the statutes is amended to read:

SB55-ASA1-AA1,980,9 148.19 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.".

SB55-ASA1-AA1,980,10 1498. Page 957, line 3: after that line insert:

SB55-ASA1-AA1,980,11 " Section 2852ag. 154.03 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,981,13 154.03 (1) Any person of sound mind and 18 years of age or older may at any time voluntarily execute a declaration, which shall take effect on the date of execution, authorizing the withholding or withdrawal of life-sustaining procedures or of feeding tubes when the person is in a terminal condition or is in a persistent vegetative state. A declarant may not authorize the withholding or withdrawal of any medication, life-sustaining procedure, or feeding tube if the declarant's attending physician advises that, in his or her professional judgment, the withholding or withdrawal will cause the declarant pain or reduce the declarant's comfort and the pain or discomfort cannot be alleviated through pain relief measures. A declarant may not authorize the withholding or withdrawal of nutrition or hydration that is administered or otherwise received by the declarant through means other than a feeding tube unless the declarant's attending physician advises that, in his or her professional judgment, the administration is medically contraindicated. A declaration must be signed by the declarant in the presence of 2 witnesses. If the declarant is physically unable to sign a declaration, the declaration must be signed in the declarant's name by one of the witnesses or some other person at the declarant's express direction and in his or her presence; such a proxy signing shall either take place or be acknowledged by the declarant in the presence of 2 witnesses. The declarant is responsible for notifying his or her attending physician of the existence of the declaration. An attending physician who is so notified shall review the declaration and, if the physician intends to invoke his or her rights under s. 253.09, inform the declarant orally and in writing of that intent and of the physician's concerns, if any, about the declaration. An attending physician who is so notified shall also make the declaration a part of the declarant's medical records. No witness to the execution of the declaration may, at the time of the execution, be any of the following:

SB55-ASA1-AA1, s. 2852aj Section 2852aj. 155.60 (3) of the statutes is amended to read:

SB55-ASA1-AA1,981,23 155.60 (3) Upon receipt of a power of attorney for health care instrument or a statement of incapacity under s. 155.05 (2), a health care facility or health care provider shall acknowledge this receipt in writing and, if the principal is a patient of the health care provider, the health care provider shall include the instrument or the statement in the medical record of the principal. In addition, if the health care provider is a physician and the principal is a patient of the physician, the physician shall review the instrument or statement and, if the physician intends to invoke his or her rights under s. 253.09, inform the principal orally and in writing of that intent and of the physician's concerns, if any, about the instrument or statement.".

SB55-ASA1-AA1,982,2 1499. Page 957, line 4: delete the material beginning with that line and ending with page 958, line 19.

SB55-ASA1-AA1,982,3 1500. Page 958, line 24: after that line insert:

SB55-ASA1-AA1,982,4 " Section 2853r. 165.017 (1) of the statutes is repealed.

SB55-ASA1-AA1, s. 2853s Section 2853s. 165.017 (2) of the statutes is amended to read:

SB55-ASA1-AA1,982,8 165.017 (2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.