JR2 AB1: Bill Text

AB1,193,8 (b) A governmental unit that has custody of a record is also further subject to the retention requirements for public records of state agencies and the records of the University of Wisconsin Hospitals and Clinics Authority established under ss. 16.61 and 16.611 and the retention requirements for documents of local governmental units established under s. 16.612.

AB1,193,12 (7) The public records board may promulgate rules prescribing standards consistent with this subchapter for retention of records by state agencies, the University of Wisconsin Hospitals and Clinics Authority and local governmental units.

AB1,193,16 (8) This section does not preclude the public records board, the department of electronic government, or any other governmental unit of this state from specifying additional requirements for the retention of any record of another governmental unit subject to its jurisdiction.

AB1,193,18 137.21 Admissibility in evidence. In a proceeding, a record or signature may not be excluded as evidence solely because it is in electronic form.

AB1,193,19 137.22 Automated transactions. In an automated transaction:

AB1,193,22 (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.

AB1,194,2 (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.

AB1,194,4 (3) The terms of a contract under sub. (1) or (2) are governed by the substantive law applicable to the contract.

AB1,194,6 137.23 Time and place of sending and receipt. (1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:

AB1,194,10 (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;

AB1,194,11 (b) Is in a form capable of being processed by that system; and

AB1,194,15 (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.

AB1,194,17 (2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:

AB1,194,21 (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

AB1,194,22 (b) It is in a form capable of being processed by that system.

AB1,194,25 (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).

AB1,195,4 (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:

AB1,195,7 (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.

AB1,195,9 (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.

AB1,195,11 (5) An electronic record is received under sub. (2) even if no individual is aware of its receipt.

AB1,195,14 (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.

AB1,195,19 (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.

AB1,195,22 137.24 Transferable records. (1) In this section, "transferable record" means an electronic record that would be a note under ch. 403 or a document under ch. 407 if the electronic record were in writing.

AB1,195,25 (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.

AB1,196,3 (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.

AB1,196,6 (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:

AB1,196,8 (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;

AB1,196,12 (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;

AB1,196,14 (c) The authoritative copy is communicated to and maintained by the person asserting control or its designated custodian;

AB1,196,16 (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;

AB1,196,18 (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

AB1,196,20 (f) Any revision of the authoritative copy is readily identifiable as authorized or unauthorized.

AB1,197,3 (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.

AB1,197,6 (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.

AB1,197,12 (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.

AB1, s. 315 Section 315. 137.25 (2) of the statutes is created to read:

AB1,197,22 137.25 (2) The department of electronic government 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. The rules shall include standards regarding the receipt of electronic records or electronic signatures that promote consistency and interoperability with other 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. The standards may include alternative provisions if warranted to meet particular applications.

AB1, s. 316 Section 316. 139.44 (1) of the statutes is amended to read:

AB1,198,5 139.44 (1) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done, or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp, or who affixes the same to any package or container of cigarettes, or who possesses with the intent to sell any cigarettes in containers to which false, altered or counterfeit stamps have been affixed shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

AB1, s. 317 Section 317. 139.44 (1m) of the statutes is amended to read:

AB1,198,9 139.44 (1m) Any person who falsely or fraudulently tampers with a cigarette meter in order to evade the tax under s. 139.31 shall be imprisoned for not less than one year nor more than 15 years is guilty of a Class G felony.

AB1, s. 318 Section 318. 139.44 (2) of the statutes is amended to read:

AB1,198,15 139.44 (2) Any person who makes or signs any false or fraudulent report or who attempts to evade the tax imposed by s. 139.31 or 139.76, or who aids in or abets the evasion or attempted evasion of that tax shall may be fined not less than $1,000 nor more than $5,000 $10,000 or imprisoned for not less than 90 days nor more than 2 years 9 months or both.

AB1, s. 319 Section 319. 139.44 (8) (c) of the statutes is amended to read:

AB1,198,19 139.44 (8) (c) If the number of cigarettes exceeds 36,000, a fine of not more than $10,000 or imprisonment for not more than 3 years or both the person is guilty of a Class I felony.

AB1, s. 320 Section 320. 139.85 (1) of the statutes is amended to read:

AB1,198,24 139.85 (1) The interest and penalties under s. 139.44 (2) to (7) and (9) to (12) apply to this subchapter. In addition, a person who violates s. 139.82 (8) shall may be fined not less than $1,000 nor more than $5,000 $10,000 or imprisoned for not less than 90 days nor more than one year 9 months or both.

AB1, s. 321 Section 321. 139.95 (2) of the statutes is amended to read:

AB1,199,5 139.95 (2) A dealer who possesses a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam that does not bear evidence that the tax under s. 139.88 has been paid may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months or both is guilty of a Class H felony.

AB1, s. 322 Section 322. 139.95 (3) of the statutes is amended to read:

AB1,199,15 139.95 (3) Any person who falsely or fraudulently makes, alters or counterfeits any stamp or procures or causes the same to be done or who knowingly utters, publishes, passes or tenders as true any false, altered or counterfeit stamp or who affixes a counterfeit stamp to a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam or who possesses a schedule I controlled substance, a schedule II controlled substance or ketamine or flunitrazepam to which a false, altered or counterfeit stamp is affixed may be fined not more than $10,000 or imprisoned for not less than one year nor more than 15 years or both is guilty of a Class F felony.

AB1, s. 323 Section 323. Chapter 141 of the statutes is created to read:

AB1,199,18 Chapter 141 internet transactions

AB1,199,19 141.01 Definitions. In this chapter:

AB1,199,20 (1) "Child" means a resident who is less than 15 years of age.

AB1,199,22 (1g) "Department" means the department of agriculture, trade and consumer protection.

AB1,199,24 (1m) "Display on a home page" means to display in written form on a home page or at an Internet address that is readily accessible through a link on a home page.

AB1,200,3 (1s) "Electronic chain letter" means an electronic mail message that is sent to more than one recipient with a request that each recipient send copies of the message to other recipients.

AB1,200,6 (2) "Electronic mail service provider" means any person that is an intermediary in sending or receiving electronic mail and that provides to Internet users the ability to send or receive electronic mail.

AB1,200,10 (3) "Electronic mail solicitation" means an electronic mail message that a person sends for personal gain or compensation, or in the expectation of personal gain or compensation, to encourage another person to purchase property, goods or services or to visit a Web site.

AB1,200,12 (4) "Home page" means the first page of a Web site that is displayed when a person visits the computer address of the Web site.

AB1,200,17 (5) "Internet domain name" means a name identifying the Internet address of a person on the Internet that the person has registered with an organization that assigns and maintains names for Internet addresses, including the Internet Network Information Center, the U.S. Domain Name Registration Services, or any successor organization.

AB1,200,19 (6) "Internet user" means a person that maintains an electronic mail address with an electronic mail service provider.

AB1,200,21 (7) "Public Web site" means a Web site that is accessible at no charge to a person who visits the Web site.

AB1,200,22 (8) "Resident" means an individual who is a resident of this state.

AB1,200,25 (9) "Send" means to initiate the transmission of an electronic mail message, but does not include any transmission of the message by an electronic mail service provider.

AB1,201,3 (10) "Solicitation or chain letter policy" means the policy of an electronic mail service provider regarding the sending of electronic mail solicitations or electronic chain letters by or to the provider's Internet users.

AB1,201,5 (11) "Web site" means a collection of related computer files on the Internet that is located at an Internet address.

AB1,201,7 141.02 Electronic mail. (1) Solicitation or chain letter policy violations. (a) Subject to par. (b):

AB1,201,10 1. No Internet user of an electronic mail service provider may send an electronic mail solicitation or electronic chain letter that uses the equipment of the provider in a manner that violates the provider's solicitation or chain letter policy.

AB1,201,14 2. No person may send an electronic mail solicitation or electronic chain letter to an Internet user that uses the equipment of the Internet user's electronic mail service provider in a manner that violates the provider's solicitation or chain letter policy.

AB1,201,17 (b) The prohibitions under par. (a) apply only to a solicitation or chain letter policy that an electronic mail service provider displays on the home page of the provider's Web site and makes available in printed form at no charge upon request.

AB1,201,21 (c) An electronic mail service provider who is injured by a violation of par. (a) that occurs more than 30 days after the solicitation or chain letter policy is displayed on the provider's home page may bring an action against the person who violated par. (a) and is entitled to each of the following:

AB1,201,25 1. The greater of the amount of actual damages, $15,000 or an amount equal to $50 for each electronic mail solicitation or electronic chain letter that uses the provider's equipment in a manner that violates the provider's solicitation or chain letter policy.

AB1,202,2 2. Notwithstanding s. 814.04, costs, disbursements, and reasonable attorney fees.

AB1,202,7 (1m) Electronic mail solicitations. (a) No person may send an electronic mail solicitation unless the person includes with the solicitation a return electronic mail address or notice of a toll-free telephone number that the recipient of the solicitation may use to notify the person that the recipient does not want to receive electronic mail solicitations.

AB1,202,13 (b) If a recipient of an electronic mail solicitation uses a return electronic mail address or toll-free telephone number specified in par. (a) to notify the person that sent the electronic mail solicitation that the recipient does not want to receive an electronic mail solicitation, the person may not send another electronic mail solicitation to the recipient. A recipient who receives an electronic mail solicitation that violates this paragraph may complain to the department.

AB1,202,17 (c) The department shall investigate each complaint concerning a violation of par. (b). The department or any district attorney may on behalf of the state bring an action for temporary or permanent injunctive or other relief for any violation of par. (b), or for the penalties specified in par. (d), or for both.

AB1,202,20 (d) Any person who violates par. (b) may be required to forfeit not more than $10 for each electronic mail solicitation that violates par. (b), subject to a maximum forfeiture of $1,000 for each day in which a violation occurs.

AB1,202,24 (2) Prohibited representations. (a) No person may knowingly send an electronic mail message that represents the message is from another person without the consent of that person, or that represents the message is from an Internet domain name without the consent of the person who has registered the name.

AB1,202,25 (b) 1. Whoever violates par. (a) is guilty of a Class I felony.

AB1,203,2 2. Whoever violates par. (a) after having been convicted under this subsection is guilty of a Class H Felony.

AB1,203,7 141.03 Internet privacy. (1) Consent required. (a) A person that maintains a Web site for the purpose of doing business in this state may not disclose to another person, for money or anything else of value, any information about a resident that is obtained from the resident's use of the Internet, including from an electronic mail message sent by the resident, without the consent of the resident.

AB1,203,15 ( b) A person that maintains a Web site for the purpose of doing business in this state may not request a child to provide information through the Internet to the person that includes personal information about the child without making a reasonable effort to obtain the consent of the child's parent or legal guardian. For purposes of this paragraph, a "reasonable effort to obtain consent" includes requiring a child's parent or guardian to mail or send a facsimile consent form to the person, provide a credit card number to the person, or provide an electronic signature, as defined in s. 137.11 (8), to the person.

AB1,203,18 (c) A person who violates par. (a) or (b) may be required to forfeit not more than $10,000 for each violation. Each disclosure of or request for information about one resident or child constitutes a separate violation.

AB1,203,21 (d) The department of justice may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any act or practice constituting a violation of par. (a) or (b).

AB1,203,23 (2) Web site access. (a) A person that maintains a Web site for the purpose of doing business in this state shall do each of the following:

AB1,204,3 1. Display a notice on the home page of the Web site that states whether the person collects any information about visitors to the Web site and that describes any information that is collected and the purposes for which it is collected, including a description of any information that is sold or provided to 3rd parties. A notice required under this paragraph shall be in an easily comprehensible format.

AB1,204,7 2. If the person sells or provides information about visitors to the Web site to 3rd parties, allow a visitor to notify the person, at the time that the visitor visits the Web site, whether or not the visitor consents to the sale or provision of such information.