SB55-ASA1-AA1,970,23 23137.22 Automated transactions. In an automated transaction:
SB55-ASA1-AA1,971,3
1(1) A contract may be formed by the interaction of electronic agents of the
2parties, even if no individual was aware of or reviewed the electronic agent's actions
3or the resulting terms and agreements.
SB55-ASA1-AA1,971,84 (2) A contract may be formed by the interaction of an electronic agent and an
5individual, acting on the individual's own behalf or for another person, including by
6an interaction in which the individual performs actions that the individual is free to
7refuse to perform and which the individual knows or has reason to know will cause
8the electronic agent to complete the transaction or performance.
SB55-ASA1-AA1,971,10 9(3) The terms of a contract under sub. (1) or (2) are governed by the substantive
10law applicable to the contract.
SB55-ASA1-AA1,971,12 11137.23 Time and place of sending and receipt. (1) Unless otherwise
12agreed between the sender and the recipient, an electronic record is sent when it:
SB55-ASA1-AA1,971,1613 (a) Is addressed properly or otherwise directed properly to an information
14processing system that the recipient has designated or uses for the purpose of
15receiving electronic records or information of the type sent and from which the
16recipient is able to retrieve the electronic record;
SB55-ASA1-AA1,971,1717 (b) Is in a form capable of being processed by that system; and
SB55-ASA1-AA1,971,2118 (c) Enters an information processing system outside the control of the sender
19or of a person that sent the electronic record on behalf of the sender or enters a region
20of the information processing system designated or used by the recipient which is
21under the control of the recipient.
SB55-ASA1-AA1,971,23 22(2) Unless otherwise agreed between a sender and the recipient, an electronic
23record is received when:
SB55-ASA1-AA1,972,224 (a) It enters an information processing system that the recipient has
25designated or uses for the purpose of receiving electronic records or information of

1the type sent and from which the recipient is able to retrieve the electronic record;
2and
SB55-ASA1-AA1,972,33 (b) It is in a form capable of being processed by that system.
SB55-ASA1-AA1,972,6 4(3) Subsection (2) applies even if the place where the information processing
5system is located is different from the place where the electronic record is deemed
6to be received under sub. (4).
SB55-ASA1-AA1,972,10 7(4) Unless otherwise expressly provided in the electronic record or agreed
8between the sender and the recipient, an electronic record is deemed to be sent from
9the sender's place of business and to be received at the recipient's place of business.
10For purposes of this subsection:
SB55-ASA1-AA1,972,1311 (a) If the sender or recipient has more than one place of business, the place of
12business of that person is the place having the closest relationship to the underlying
13transaction.
SB55-ASA1-AA1,972,1514 (b) If the sender or the recipient does not have a place of business, the place of
15business is the sender's or recipient's residence, as the case may be.
SB55-ASA1-AA1,972,17 16(5) An electronic record is received under sub. (2) even if no individual is aware
17of its receipt.
SB55-ASA1-AA1,972,20 18(6) Receipt of an electronic acknowledgment from an information processing
19system described in sub. (2) establishes that a record was received but, by itself, does
20not establish that the content sent corresponds to the content received.
SB55-ASA1-AA1,972,25 21(7) If a person is aware that an electronic record purportedly sent under sub.
22(1), or purportedly received under sub. (2), was not actually sent or received, the legal
23effect of the sending or receipt is determined by other applicable law. Except to the
24extent permitted by the other law, the requirements of this subsection may not be
25varied by agreement.
SB55-ASA1-AA1,973,3
1137.24 Transferable records. (1) In this section, "transferable record"
2means an electronic record that would be a note under ch. 403 or a record under ch.
3407 if the electronic record were in writing.
SB55-ASA1-AA1,973,6 4(1m) An electronic record qualifies as a transferable record under this section
5only if the issuer of the electronic record expressly has agreed that the electronic
6record is a transferable record.
SB55-ASA1-AA1,973,9 7(2) A person has control of a transferable record if a system employed for
8evidencing the transfer of interests in the transferable record reliably establishes
9that person as the person to which the transferable record was issued or transferred.
SB55-ASA1-AA1,973,12 10(3) A system satisfies the requirements of sub. (2), and a person is deemed to
11have control of a transferable record, if the transferable record is created, stored, and
12assigned in such a manner that:
SB55-ASA1-AA1,973,1413 (a) A single authoritative copy of the transferable record exists which is unique,
14identifiable, and, except as otherwise provided in pars. (d) to (f), unalterable;
SB55-ASA1-AA1,973,1815 (b) The authoritative copy identifies the person asserting control as the person
16to which the transferable record was issued or, if the authoritative copy indicates
17that the transferable record has been transferred, the person to which the
18transferable record was most recently transferred;
SB55-ASA1-AA1,973,2019 (c) The authoritative copy is communicated to and maintained by the person
20asserting control or its designated custodian;
SB55-ASA1-AA1,973,2221 (d) Copies or revisions that add or change an identified assignee of the
22authoritative copy can be made only with the consent of the person asserting control;
SB55-ASA1-AA1,973,2423 (e) Each copy of the authoritative copy and any copy of a copy is readily
24identifiable as a copy that is not the authoritative copy; and
SB55-ASA1-AA1,974,2
1(f) Any revision of the authoritative copy is readily identifiable as authorized
2or unauthorized.
SB55-ASA1-AA1,974,10 3(4) Except as otherwise agreed, a person having control of a transferable record
4is the holder, as defined in s. 401.201 (20), of the transferable record and has the same
5rights and defenses as a holder of an equivalent record or writing under chs. 401 to
6411, including, if the applicable statutory requirements under s. 403.302 (1),
7407.501, or 409.308 are satisfied, the rights and defenses of a holder in due course,
8a holder to which a negotiable record of title has been duly negotiated, or a purchaser,
9respectively. Delivery, possession, and endorsement are not required to obtain or
10exercise any of the rights under this subsection.
SB55-ASA1-AA1,974,13 11(5) Except as otherwise agreed, an obligor under a transferable record has the
12same rights and defenses as an equivalent obligor under equivalent records or
13writings under chs. 401 to 411.
SB55-ASA1-AA1,974,19 14(6) If requested by a person against which enforcement is sought, the person
15seeking to enforce the transferable record shall provide reasonable proof that the
16person is in control of the transferable record. Proof may include access to the
17authoritative copy of the transferable record and related business records sufficient
18to review the terms of the transferable record and to establish the identity of the
19person having control of the transferable record.
SB55-ASA1-AA1, s. 2840 20Section 2840. 137.25 (2) of the statutes is created to read:
SB55-ASA1-AA1,974,2421 137.25 (2) (a) The department of administration shall promulgate rules
22concerning the use of electronic records and electronic signatures by governmental
23units, which shall govern the use of electronic records or signatures by governmental
24units, unless otherwise provided by law.
SB55-ASA1-AA1,975,5
1(b) The department of administration and the secretary of state shall jointly
2promulgate rules establishing requirements that, unless otherwise provided by law,
3a notary public must satisfy in order to use an electronic signature for any
4attestation. The joint rules shall be numbered as rules of each agency in the
5Wisconsin Administrative Code.
SB55-ASA1-AA1, s. 2841 6Section 2841. 137.26 of the statutes is created to read:
SB55-ASA1-AA1,975,13 7137.26 Interoperability. If a governmental unit of this state adopts
8standards regarding its receipt of electronic records or electronic signatures under
9s. 137.25, the governmental unit shall promote consistency and interoperability with
10similar standards adopted by other governmental units of this state and other states
11and the federal government and nongovernmental persons interacting with
12governmental units of this state. Any standards so adopted may include alternative
13provisions if warranted to meet particular applications.".
SB55-ASA1-AA1,975,14 141488. Page 942, line 9: after that line insert:
SB55-ASA1-AA1,975,15 15" Section 2841m. 139.03 (5) (b) 2. of the statutes is amended to read:
SB55-ASA1-AA1,975,2216 139.03 (5) (b) 2. A person who is a member of the national guard, the U. S.
17armed forces or a reserve component of the U. S. armed forces; who is a state resident;
18and who leaves a foreign country, after spending at least 48 hours in that foreign
19country on duty or for training, with the purpose of entering into this state may bring
20into the state, in sealed original containers and in the person's immediate possession,
21intoxicating liquor and wine in an aggregate amount not exceeding 6 16 liters
22without paying the tax imposed under this subchapter on that amount.".
SB55-ASA1-AA1,975,23 231489. Page 942, line 14: delete lines 14 to 19.
SB55-ASA1-AA1,975,24 241490. Page 943, line 24: after that line insert:
SB55-ASA1-AA1,976,1
1" Section 2845p. 139.32 (5) of the statutes is amended to read:
SB55-ASA1-AA1,976,62 139.32 (5) Manufacturers and distributors having a permit from the secretary
3shall receive a discount of 1.6% of the tax, except that, for a tax rate greater than 29.5
4mills under s. 139.31 (1) (a) or greater than 59 mills under s. 139.31 (1) (b),
5manufacturers and distributors having a permit from the secretary shall receive a
6discount of 2% of the tax
.".
SB55-ASA1-AA1,976,8 71491. Page 944, line 15: delete the material beginning with that line and
8ending on page 945, line 8.
SB55-ASA1-AA1,976,9 91492. Page 945, line 8: after that line insert:
SB55-ASA1-AA1,976,10 10" Section 2848q. 145.245 (3) of the statutes is amended to read:
SB55-ASA1-AA1,977,211 145.245 (3) Maintenance. The department shall establish a maintenance
12program to be administered by governmental units. The maintenance program is
13applicable to all new or replacement private sewage systems constructed in a
14governmental unit after the date on which the governmental unit adopts this
15program. The maintenance program shall include a requirement of inspection or
16pumping of the private sewage system at least once every 3 years. Inspections may
17be conducted by a master plumber, journeyman plumber or restricted plumber
18licensed under this chapter, a person licensed under s. 281.48 or by an employee of
19the state or governmental unit designated by the department. The department of
20natural resources environmental management may suspend or revoke a license
21issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a
22septage servicing vehicle if the department of natural resources environmental
23management
finds that the licensee or operator falsified information on inspection
24forms. The department of commerce may suspend or revoke the license of a plumber

1licensed under this chapter if the department finds that the plumber falsified
2information on inspection forms.".
SB55-ASA1-AA1,977,3 31493. Page 945, line 25: after that line insert:
SB55-ASA1-AA1,977,4 4" Section 2848sb. 146.343 of the statutes is created to read:
SB55-ASA1-AA1,977,6 5146.343 Use of human fetal body part, embryos, embryonic stem cells
6and embryonic stem cell lines for research prohibited.
(1) In this section:
SB55-ASA1-AA1,977,87 (a) "Embryo" means a human being from the point of fertilization, including the
8single-cell state, until approximately the end of the 2nd month.
SB55-ASA1-AA1,977,109 (b) "Embryonic stem cell" means a totipotent or pluripotent cell of the human
10body that is derived from an embryo.
SB55-ASA1-AA1,977,1211 (c) "Embryonic stem cell line" means embryonic stem cells that are capable of
12prolonged proliferation in culture as totipotent or pluripotent embryonic stem cells.
SB55-ASA1-AA1,977,1413 (d) "Fetal body part" means a cell, tissue, organ, or other part of a human being
14after fertilization who is aborted by an induced abortion.
SB55-ASA1-AA1,977,1615 (e) "Pluripotent" means capable of giving rise to most tissues of a human
16organism.
SB55-ASA1-AA1,977,1917 (f) "Totipotent" means having the capacity to specialize into human
18extraembryonic membranes and tissues, the human embryo, and all postembryonic
19human tissues and organs.
SB55-ASA1-AA1,977,22 20(2) Except as provided in sub. (3), no person may knowingly use a fetal body
21part, an embryo, an embryonic stem cell, or an embryonic stem cell line for purposes
22of research.
SB55-ASA1-AA1,978,3
1(3) A person may, at any time, use, for research purposes, an embryonic stem
2cell or an embryonic stem cell line that exists before January 1, 2002, or an embryonic
3stem cell line derived from an embryonic stem cell that exists before January 1, 2002.
SB55-ASA1-AA1,978,5 4(4) Any person who violates this section may be fined not more than $50,000
5or imprisoned for not more than 7 years and 6 months, or both.".
SB55-ASA1-AA1,978,6 61494. Page 946, line 6: after that line insert:
SB55-ASA1-AA1,978,7 7" Section 2850ag. 146.60 (1) (c) of the statutes is amended to read:
SB55-ASA1-AA1,978,108 146.60 (1) (c) "Departments" means the department of agriculture, trade and
9consumer protection and the department of natural resources environmental
10management
.
SB55-ASA1-AA1, s. 2850ah 11Section 2850ah. 146.60 (2) (a) of the statutes is amended to read:
SB55-ASA1-AA1,978,1412 146.60 (2) (a) The department of natural resources environmental
13management
shall be the reviewing department for any regulated release subject to
1415 USC 2601 to 2629.
SB55-ASA1-AA1, s. 2850ai 15Section 2850ai. 146.60 (3) (c) 1. of the statutes is amended to read:
SB55-ASA1-AA1,978,1916 146.60 (3) (c) 1. If the department of natural resources environmental
17management
receives information under this subsection or sub. (4) (c), it shall
18provide the department of agriculture, trade and consumer protection with a copy of
19the information.
SB55-ASA1-AA1, s. 2850aj 20Section 2850aj. 146.60 (3) (c) 2. of the statutes is amended to read:
SB55-ASA1-AA1,978,2421 146.60 (3) (c) 2. If the department of agriculture, trade and consumer
22protection receives information under this subsection or sub. (4) (c), it shall provide
23the department of natural resources environmental management with a copy of the
24information.
SB55-ASA1-AA1, s. 2850ak
1Section 2850ak. 146.60 (5) of the statutes is amended to read:
SB55-ASA1-AA1,979,82 146.60 (5) Memorandum of understanding. Within 6 months after June 13,
31989, the department of natural resources environmental management shall enter
4into a memorandum of understanding with the department of agriculture, trade and
5consumer protection setting forth the procedures and responsibilities of the
6departments in the administration of this section. The memorandum shall establish
7procedures that minimize the duplication of effort between the departments and for
8the person providing information under sub. (3).".
SB55-ASA1-AA1,979,9 91495. Page 946, line 6: after that line insert:
SB55-ASA1-AA1,979,10 10" Section 2850ag. 146.56 (1) of the statutes is amended to read:
SB55-ASA1-AA1,979,1511 146.56 (1) Not later than July 1, 2002, the department shall develop and
12implement a statewide trauma care system. The department shall seek the advice
13of the statewide trauma advisory council under s. 15.197 (25) in developing and
14implementing the system, and, as part of the system, shall develop regional trauma
15advisory councils
.
SB55-ASA1-AA1, s. 2850ah 16Section 2850ah. 146.56 (2) of the statutes is amended to read:
SB55-ASA1-AA1,980,317 146.56 (2) The department shall promulgate rules to develop and implement
18the system. The rules shall include a method by which to classify all hospitals as to
19their respective emergency care capabilities. The classification rule shall be based
20on standards developed by the American College of Surgeons. Within 180 days after
21promulgation of the classification rule, and every 4 3 years thereafter, each hospital
22shall certify to the department the classification level of trauma care services that
23is provided by the hospital, based on the rule. The department may require a hospital
24to document the basis for its certification. The department may not direct a hospital

1to establish a certain level of certification. Confidential injury data that is collected
2under this subsection shall be used for confidential review relating to performance
3improvements in the trauma care system, and may be used for no other purpose.
".
SB55-ASA1-AA1,980,4 41496. Page 946, line 7: delete lines 7 to 13.
SB55-ASA1-AA1,980,5 51497. Page 946, line 13: after that line insert:
SB55-ASA1-AA1,980,6 6" Section 2850bm. 148.19 (2) of the statutes is amended to read:
SB55-ASA1-AA1,980,97 148.19 (2) Legal counsel, certified public accountants licensed or certified
8under ch. 442,
or other persons as to matters the director or officer believes in good
9faith are within the person's professional or expert competence.".
SB55-ASA1-AA1,980,10 101498. Page 957, line 3: after that line insert:
SB55-ASA1-AA1,980,11 11" Section 2852ag. 154.03 (1) (intro.) of the statutes is amended to read:
SB55-ASA1-AA1,981,1312 154.03 (1) Any person of sound mind and 18 years of age or older may at any
13time voluntarily execute a declaration, which shall take effect on the date of
14execution, authorizing the withholding or withdrawal of life-sustaining procedures
15or of feeding tubes when the person is in a terminal condition or is in a persistent
16vegetative state. A declarant may not authorize the withholding or withdrawal of
17any medication, life-sustaining procedure, or feeding tube if the declarant's
18attending physician advises that, in his or her professional judgment, the
19withholding or withdrawal will cause the declarant pain or reduce the declarant's
20comfort and the pain or discomfort cannot be alleviated through pain relief
21measures. A declarant may not authorize the withholding or withdrawal of nutrition
22or hydration that is administered or otherwise received by the declarant through
23means other than a feeding tube unless the declarant's attending physician advises
24that, in his or her professional judgment, the administration is medically

1contraindicated. A declaration must be signed by the declarant in the presence of 2
2witnesses. If the declarant is physically unable to sign a declaration, the declaration
3must be signed in the declarant's name by one of the witnesses or some other person
4at the declarant's express direction and in his or her presence; such a proxy signing
5shall either take place or be acknowledged by the declarant in the presence of 2
6witnesses. The declarant is responsible for notifying his or her attending physician
7of the existence of the declaration. An attending physician who is so notified shall
8review the declaration and, if the physician intends to invoke his or her rights under
9s. 253.09, inform the declarant orally and in writing of that intent and of the
10physician's concerns, if any, about the declaration.
An attending physician who is so
11notified shall also make the declaration a part of the declarant's medical records. No
12witness to the execution of the declaration may, at the time of the execution, be any
13of the following:
SB55-ASA1-AA1, s. 2852aj 14Section 2852aj. 155.60 (3) of the statutes is amended to read:
SB55-ASA1-AA1,981,2315 155.60 (3) Upon receipt of a power of attorney for health care instrument or a
16statement of incapacity under s. 155.05 (2), a health care facility or health care
17provider shall acknowledge this receipt in writing and, if the principal is a patient
18of the health care provider, the health care provider shall include the instrument or
19the statement in the medical record of the principal. In addition, if the health care
20provider is a physician and the principal is a patient of the physician, the physician
21shall review the instrument or statement and, if the physician intends to invoke his
22or her rights under s. 253.09, inform the principal orally and in writing of that intent
23and of the physician's concerns, if any, about the instrument or statement.
".
SB55-ASA1-AA1,982,2
11499. Page 957, line 4: delete the material beginning with that line and
2ending with page 958, line 19.
SB55-ASA1-AA1,982,3 31500. Page 958, line 24: after that line insert:
SB55-ASA1-AA1,982,4 4" Section 2853r. 165.017 (1) of the statutes is repealed.
SB55-ASA1-AA1, s. 2853s 5Section 2853s. 165.017 (2) of the statutes is amended to read:
SB55-ASA1-AA1,982,86 165.017 (2) The attorney general or his or her designee shall review and
7approve or disapprove all proposed petitions or petitions for commitment of
8individuals as specified under s. 51.20 (1) (ad) 1.
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