SB21: Bill Text

SB21,3499 Section 3499. 157.65 (2) of the statutes is amended to read:

SB21,1335,16 157.65 (2) The department of justice or any district attorney, upon informing 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 violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the board described in s. 15.405 15.175 (3m) or the department of safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

SB21,3500 Section 3500. 160.50 (1m) of the statutes is repealed.

SB21,3501 Section 3501. 165.055 (3) of the statutes is created to read:

SB21,1335,22 165.055 (3) The attorney general may appoint, in the unclassified service, a solicitor general and no more than 3 deputy solicitors general, each of whom shall be an attorney at law licensed to practice in this state. The attorney general may assign assistant attorneys general to assist the solicitor general.

SB21,3502 Section 3502. 165.25 (6) (a) of the statutes is amended to read:

SB21,1336,21 165.25 (6) (a) At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer's, employee's, or agent's duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The Except when the attorney general appears for or defends the University of Wisconsin System Authority, the attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state. Members, officers, and employees of the Wisconsin state agencies building corporation and the Wisconsin state public building corporation are covered by this section. Members of the board of governors created under s. 619.04 (3), members of a committee or subcommittee of that board of governors, members of the injured patients and families compensation fund peer review council created under s. 655.275 (2), and persons consulting with that council under s. 655.275 (5) (b) are covered by this section with respect to actions, claims, or other matters arising before, on, or after April 25, 1990. The attorney general may compromise and settle claims asserted before such actions or matters formally are brought or may delegate such authority to the department of administration. This paragraph may not be construed as a consent to sue the state or any department thereof or as a waiver of state sovereign immunity.

SB21,3503 Section 3503. 165.25 (8r) of the statutes is created to read:

SB21,1337,3 165.25 (8r) Board of Regents of the University of Wisconsin System Authority. In subs. (1), (1m), (6), and (6m), treat the Board of Regents of the University of Wisconsin System Authority as a department of state government and any official, employee, or agent of the Board of Regents as a state official, employee, or agent, unless the state and the Board of Regents are adverse parties in an action or proceeding.

SB21,3504 Section 3504. 165.25 (10m) (intro.) of the statutes is amended to read:

SB21,1337,9 165.25 (10m) Report on grants. (intro.) Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2), regarding its administration of grant programs under ss. 165.71, 165.95, and 165.955, 165.96, 165.986, and 165.987. The report shall include, for each grant program, all of the following information:

SB21,3505 Section 3505. 165.40 (1) (f) of the statutes is amended to read:

SB21,1337,13 165.40 (1) (f) "State agency" has the meaning given in s. 16.004 (12) (a), except that it includes the University of Wisconsin System Authority and the University of Wisconsin Hospitals and Clinics Authority.

SB21,3506 Section 3506. 165.40 (2) (a) 6. of the statutes is created to read:

SB21,1337,15 165.40 (2) (a) 6. The University of Wisconsin System Authority.

SB21,3507 Section 3507. 165.40 (4) (h) of the statutes is amended to read:

SB21,1337,21 165.40 (4) (h) That, if the hospital is sold, a right of first refusal is retained to repurchase the assets by a successor nonprofit corporation, by the city, county or state, the University of Wisconsin System Authority, or by the University of Wisconsin Hospitals and Clinics Authority if the hospital is subsequently sold to, acquired by or merged with another entity.

SB21,3508 Section 3508. 165.71 of the statutes is created to read:

SB21,1338,3 165.71 State justice assistance grants. (1) From the appropriation under s. 20.455 (2) (kz), the department of justice shall provide justice assistance grants to state agencies, local units of government, and private organizations to support the investigation, prosecution, or prevention of crime; to enhance public safety; to facilitate multijurisdictional or interagency information sharing; to support crime victims; and to reduce recidivism or crime.

SB21,1338,7 (2) In consultation with local law enforcement, district attorneys, the secretary of corrections, the director of state courts, and the public defender, the department of justice shall develop and periodically update a strategic plan for state justice assistance grants under sub. (1).

SB21,1338,10 (3) In providing grants under sub. (1), the department of justice shall give preference to grant-funded programs that have at least one of the following characteristics:

SB21,1338,13 (a) The program has a primarily statewide or regional impact on the investigation, prosecution, or prevention of crime and is consistent with the strategic plan developed under sub. (2).

SB21,1338,16 (b) The program has a primarily local impact on the investigation, prosecution, or prevention of crime; can be measured for effectiveness; and is consistent with the strategic plan developed under sub. (2).

SB21,1338,18 (c) The program supports the investigation, prosecution, or prevention of crimes against children, domestic violence, or sexual assault.

SB21,1338,21 (d) The program is designed to facilitate multijurisdictional or interagency information sharing that will assist in the investigation, prosecution, or prevention of crime.

SB21,1338,23 (e) The program is designed to reduce recidivism or otherwise reduce crime and can be measured for effectiveness.

SB21,1339,4 (4) The department of justice shall develop criteria and procedures to use in selecting recipients of grants under sub. (1) and in administering the grant program. Notwithstanding s. 227.10, the criteria and procedures do not need to be promulgated as rules under ch. 227. Any recipient that receives a grant under sub. (1) shall comply with state audits and any other criteria specified by the department of justice in awarding the grant.

SB21,3509 Section 3509. 165.755 (7) of the statutes is amended to read:

SB21,1339,9 165.755 (7) All moneys collected from crime laboratories and drug law enforcement surcharges under this section shall be deposited by the secretary of administration and used as specified in s. ss. 20.455 (2) (jb), (kd), and (Lm) and 20.475 (1) (km).

SB21,3510 Section 3510. 165.80 of the statutes is amended to read:

SB21,1339,17 165.80 Cooperation with other state departments the University of Wisconsin System Authority. For the purpose of coordinating the work of the crime laboratories with the research departments located in the University of Wisconsin System Authority, the attorney general and the University of Wisconsin System Authority may agree for the use of university laboratories and university physical facilities and the exchange and utilization of personnel between the crime laboratories and the university.

SB21,3511 Section 3511. 165.81 (1) of the statutes is amended to read:

SB21,1340,7 165.81 (1) Whenever the department is informed by the submitting officer or agency that physical evidence in the possession of the laboratories is no longer needed the department may, except as provided in sub. (3) or unless otherwise provided by law, destroy the evidence, retain it in the laboratories, return it to the submitting officer or agency, or turn it over to the University of Wisconsin System Authority upon the request of the head of any department of the University of Wisconsin System Authority. If the department returns the evidence to the submitting officer or agency, any action taken by the officer or agency with respect to the evidence shall be in accordance with s. 968.20. Except as provided in sub. (3), whenever the department receives information from which it appears probable that the evidence is no longer needed, the department may give written notice to the submitting agency and the appropriate district attorney, by registered mail, of the intention to dispose of the evidence. If no objection is received within 20 days after the notice was mailed, it may dispose of the evidence.

SB21,3512 Section 3512. 165.825 of the statutes is amended to read:

SB21,1340,12 165.825 Information link. The department of justice shall cooperate with the departments of safety and professional services, health services, and financial institutions and professional standards in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

SB21,3513 Section 3513. 165.96 of the statutes is repealed.

SB21,3514 Section 3514. 165.986 of the statutes is repealed.

SB21,3515 Section 3515. 165.987 of the statutes is repealed.

SB21,3516 Section 3516. 167.35 (7) (b) of the statutes is amended to read:

SB21,1340,21 167.35 (7) (b) The department of revenue, in the course of conducting any inspection or examination authorized under s. 139.39, may inspect cigarettes to determine if the cigarettes are marked as provided under sub. (4), and the department of revenue shall notify the department of safety and professional services of any unmarked cigarettes.

SB21,3517 Section 3517. 167.35 (7) (c) of the statutes is amended to read:

SB21,1341,5 167.35 (7) (c) Authorized personnel from the department of justice, from the department of safety and professional services, and from the department of revenue, and any sheriff, police officer, or other law enforcement personnel, within their respective jurisdictions, may enter and inspect any premises where cigarettes are made, sold, offered for sale, or stored to determine if the cigarettes comply with this section. An inspection under this paragraph includes examining the books, papers, invoices, and other records of any person who is subject to this section and who is in control, possession, or occupancy of the premises.

SB21,3518 Section 3518. 169.01 (35) (a) of the statutes is amended to read:

SB21,1341,9 169.01 (35) (a) A veterinarian who is licensed in this state to practice veterinary medicine under ch. 453 89 and who is certified under rules promulgated by the department of agriculture, trade and consumer protection.

SB21,3519 Section 3519. 173.05 (1) (b) of the statutes is amended to read:

SB21,1341,14 173.05 (1) (b) A person to whom par. (a) applies who is a veterinarian licensed under ch. 453 89 is not required to complete a course of training approved by the department if he or she takes an examination given by the department and passes the examination on the first attempt.

SB21,3520 Section 3520. 173.41 (2) (e) of the statutes is amended to read:

SB21,1341,18 173.41 (2) (e) A veterinarian licensed under ch. 453 89 practicing in the normal course of veterinary business within the scope of the license is not required to obtain a license under this subsection.

SB21,3521 Section 3521. 173.41 (12) (a) 4. of the statutes is amended to read:

SB21,1341,24 173.41 (12) (a) 4. If persons sell or offer to sell dogs at the temporary dog market for 2 or more consecutive days, employ or contract with a veterinarian licensed under ch. 453 89 to conduct an examination of the dogs offered for sale at the temporary dog market on each day on which dogs are offered for sale and to review the information provided under par. (b).

SB21,3522 Section 3522. 174.13 (2) of the statutes is amended to read:

SB21,1342,15 174.13 (2) Any officer or pound which has custody of an unclaimed dog may release the dog to the University of Wisconsin System Authority, the Medical College of Wisconsin, Inc., or to any other educational institution of higher learning chartered under the laws of the state and accredited to the University of Wisconsin System Authority, upon requisition by the institution. The requisition shall be in writing, shall bear the signature of an authorized agent, and shall state that the dog is requisitioned for scientific or educational purposes. If a requisition is made for a greater number of dogs than is available at a given time, the officer or pound may supply those immediately available and may withhold from other disposition all unclaimed dogs coming into the officer's or pound's custody until the requisition is fully discharged, excluding impounded dogs as to which ownership is established within a reasonable period. A dog left by its owner for disposition is not considered an unclaimed dog under this section. If operated by a county, city, village or town, the officer or pound is entitled to the payment of $1 for each dog requisitioned. An institution making a requisition shall provide for the transportation of the dog.

SB21,3523 Section 3523. 177.30 (2) of the statutes is amended to read:

SB21,1342,24 177.30 (2) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with this chapter. The administrator may designate the division of banking department of financial institutions and professional standards or other appropriate regulatory authority to examine the records of regulated institutions to determine if the institutions have complied with this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.

SB21,3524 Section 3524. 182.028 of the statutes is amended to read:

SB21,1343,13 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 38.50 (10) without complying with the requirements of s. 38.50. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

SB21,3525 Section 3525. 186.098 (12) of the statutes is amended to read:

SB21,1343,23 186.098 (12) Loans to members. A credit union may make loans to members secured by assignment or transfer of stock certificates or other evidence of the borrower's ownership interest in a corporation formed for the cooperative ownership of real estate. Sections 846.10 and 846.101, as they apply to a foreclosure of a mortgage involving a one-family residence, apply to a proceeding to enforce the lender's rights in security given for a loan under this subsection. The office of credit unions shall promulgate joint rules with the division of banking department of financial institutions and professional standards that establish procedures for enforcing a lender's rights in security given for a loan under this subsection.

SB21,3526 Section 3526. 186.235 (15) (b) of the statutes is amended to read:

SB21,1344,7 186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b) and (c). The fees of witnesses who are called by the office in the interests of the state shall be paid by the state upon presentation of proper vouchers approved by the office of credit unions and charged to the appropriation under s. 20.144 (1) 20.142 (2) (g). A witness subpoenaed by the office at the instance of a party other than the office shall not be entitled to payment of fees by the state unless the office certifies that the testimony was material to the purpose for which the subpoena was issued.

SB21,3527 Section 3527. 186.314 (2m) (e) of the statutes is amended to read:

SB21,1344,16 186.314 (2m) (e) Upon approval by the credit union members of the proposition for conversion under par. (c), the credit union shall take all necessary action under ch. 214 or 221 to complete the conversion to a savings bank or state bank. Within 90 days after receipt from the division of banking department of financial institutions and professional standards of a certificate of incorporation as a savings bank or state bank, the credit union shall file a copy of the certificate with the office of credit unions and the office of credit unions shall issue to a converting credit union a certificate of conversion to a savings bank or state bank.

SB21,3528 Section 3528. 194.01 (11) of the statutes is amended to read:

SB21,1344,21 194.01 (11) "Private motor carrier" means any person except a common or contract motor carrier engaged in the who provides transportation of property or passengers by commercial motor vehicle other than an automobile or trailer used therewith, upon the public highways and is not a contract motor carrier.

SB21,3529 Section 3529. 196.218 (3) (a) 3. b. of the statutes is amended to read:

SB21,1344,24 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q), (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s), (t), (tm), (tu), and (tw).

SB21,3530 Section 3530 . 196.218 (3) (a) 3. b. of the statutes, as affected by 2015 Wisconsin Act .... (this act), is amended to read:

SB21,1345,4 196.218 (3) (a) 3. b. The amounts appropriated under ss. 20.255 (3) (q), (qm), and (r), 20.285 (1) (q), and 20.505 (4) (s).

SB21,3531 Section 3531. 196.218 (5) (a) 6. of the statutes is repealed.

SB21,3532 Section 3532. 196.218 (5) (a) 10. of the statutes is created to read:

SB21,1345,7 196.218 (5) (a) 10. To make broadband expansion grants under s. 196.504.

SB21,3533 Section 3533. 196.49 (4) of the statutes is amended to read:

SB21,1345,12 196.49 (4) The commission may not issue a certificate under sub. (1), (2), or (3) for the construction of electric generating equipment and associated facilities unless the commission determines that brownfields, as defined in s. 238.13 235.13 (1) (a) or s. 560.13 (1) (a), 2009 stats., are used to the extent practicable.

SB21,3534 Section 3534. 196.491 (3) (a) 2m. b. of the statutes is amended to read:

SB21,1345,17 196.491 (3) (a) 2m. b. The applicant proposes alternative construction sites for the facility that are contiguous or proximate, provided that at least one of the proposed sites is a brownfield, as defined in s. 238.13 235.13 (1) (a), or the site of a former or existing large electric generating facility.

SB21,3535 Section 3535. 196.491 (3) (d) 8. of the statutes is amended to read:

SB21,1345,20 196.491 (3) (d) 8. For a large electric generating facility, brownfields, as defined in s. 238.13 235.13 (1) (a), are used to the extent practicable.

SB21,3536 Section 3536. 196.504 (2) (a) of the statutes is amended to read:

SB21,1345,25 196.504 (2) (a) To make broadband expansion grants to eligible applicants for the purpose of constructing broadband infrastructure in underserved areas designated under par. (d). Grants awarded under this section shall be paid from the appropriation appropriations under s. 20.155 (3) (g) (k), (r), and (rm).

SB21,3537 Section 3537. 196.504 (2) (c) of the statutes is amended to read:

SB21,1346,8 196.504 (2) (c) To establish criteria for evaluating applications and awarding grants under this section. The criteria shall prohibit grants that have the effect of subsidizing the expenses of a telecommunication provider or the monthly bills of telecommunications customers. The criteria shall give priority to projects that include matching funds, that involve public-private partnerships, that affect areas with no broadband service providers, that are scalable, or that affect a large geographic area or a large number of underserved individuals or communities.

SB21,3538 Section 3538. 200.49 (1) (b) of the statutes is amended to read:

SB21,1346,11 200.49 (1) (b) "Minority group member" has the meaning given under s. 16.287 203.07 (1) (f).

SB21,3539 Section 3539. 200.57 (1) (a) of the statutes is amended to read:

SB21,1346,16 200.57 (1) (a) "Disabled veteran-owned financial adviser" and "disabled veteran-owned investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.283 203.03 (3).

SB21,3540 Section 3540. 200.57 (1) (b) of the statutes is amended to read:

SB21,1346,20 200.57 (1) (b) "Minority financial adviser" and "minority investment firm" mean a financial adviser and investment firm, respectively, certified by the department of administration under s. 16.287 203.07 (2).