AB40-ASA1,1116,1918 146.89 (3) (b) 9. Procedures that are confined to incision, excision, or
19manipulation of epidermal and dermal skin.
AB40-ASA1,1116,2120 10. Skin biopsies to a depth of 5 millimeters and debridement of diabetic ulcers,
21including subcutaneous tissue.
AB40-ASA1,1116,2322 11. Punch biopsies of epidermal and dermal lesions with incidental removal of
23minimal fat.
AB40-ASA1,1116,2424 12. Destruction of epidermal and dermal lesions using liquid nitrogen.
AB40-ASA1,1117,2
113. Corticosteroid injections of dermal lesions, joints, tendon sheaths, and
2bursae.
AB40-ASA1, s. 2664h 3Section 2664h. 146.89 (3r) (b) 1. of the statutes is amended to read:
AB40-ASA1,1117,64 146.89 (3r) (b) 1. Except as specified in par. (c), the health care services
5specified in sub. (3) (b) 1. to 5. and 7., other than referrals to reproductive health care
6specialists, and in sub. (3) (b) 8. to 13.
AB40-ASA1, s. 2664j 7Section 2664j. 146.89 (3r) (c) 2. of the statutes is amended to read:
AB40-ASA1,1117,98 146.89 (3r) (c) 2. Surgery, except as provided in par. (b) 2. and 5. and sub. (3)
9(b) 9. to 12
.
AB40-ASA1, s. 2665 10Section 2665. 150.31 (5m) of the statutes is amended to read:
AB40-ASA1,1117,1411 150.31 (5m) The department shall decrease the statewide bed limit specified
12in sub. (1) to account for any reduction in the approved bed capacity of a skilled
13nursing facility operated by the department of veterans affairs under s. 45.50 (1), as
14specified in s. 45.50 (10).
AB40-ASA1, s. 2666 15Section 2666. 150.84 (3) of the statutes is amended to read:
AB40-ASA1,1117,1816 150.84 (3) "Health care provider" means any person licensed, registered,
17permitted or certified by the department or by the department of regulation and
18licensing
safety and professional services to provide health care services in this state.
AB40-ASA1, s. 2667 19Section 2667. 153.60 (1) of the statutes is amended to read:
AB40-ASA1,1118,1320 153.60 (1) The department shall, by the first October 1 after the
21commencement of each fiscal year, estimate the total amount of expenditures under
22this subchapter for the department for that fiscal year for data collection, database
23development and maintenance, generation of data files and standard reports,
24orientation and training provided under s. 153.05 (9) (a) and contracting with the
25data organization under s. 153.05 (2r). The department shall assess the estimated

1total amount for that fiscal year, less the estimated total amount to be received for
2purposes of administration of this subchapter under s. 20.435 (1) (hi) during the
3fiscal year and the unencumbered balance of the amount received for purposes of
4administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year,
5to health care providers, other than hospitals and ambulatory surgery centers, who
6are in a class of health care providers from whom the department collects data under
7this subchapter in a manner specified by the department by rule. The department
8shall work together with the department of regulation and licensing safety and
9professional services
to develop a mechanism for collecting assessments from health
10care providers other than hospitals and ambulatory surgery centers. No health care
11provider that is not a facility may be assessed under this subsection an amount that
12exceeds $75 per fiscal year. All payments of assessments shall be credited to the
13appropriation under s. 20.435 (1) (hg).
AB40-ASA1, s. 2668 14Section 2668. 157.061 (5) of the statutes is amended to read:
AB40-ASA1,1118,1615 157.061 (5) "Department" means the department of regulation and licensing
16safety and professional services.
AB40-ASA1, s. 2669 17Section 2669. 157.11 (9m) of the statutes is amended to read:
AB40-ASA1,1118,2118 157.11 (9m) Action by district attorney. If any money or property is not
19turned over when required by this section, or default occurs under a bond, the district
20attorney, upon the request of the department of regulation and licensing safety and
21professional services
, shall bring action to recover.
AB40-ASA1, s. 2670 22Section 2670. 157.12 (1) of the statutes is amended to read:
AB40-ASA1,1118,2423 157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section,
24"department" means the department of commerce safety and professional services.
AB40-ASA1, s. 2671 25Section 2671. 157.12 (3) (b) of the statutes is amended to read:
AB40-ASA1,1119,10
1157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The
2treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties
3approved by the department of regulation and licensing safety and professional
4services
to indemnify the cemetery against loss if the treasurer fails to maintain the
5fund. No indemnity is required if the terms of sale of a mausoleum space require the
6purchaser to pay directly to a trust company in the state, designated by the cemetery
7as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income
8from investment may be used only to maintain the mausoleum, except that if the
9amount of income exceeds the amount necessary to properly maintain the
10mausoleum the excess amount may be used to maintain any portion of the cemetery.
AB40-ASA1, s. 2672 11Section 2672. 157.65 (1) (a) of the statutes is amended to read:
AB40-ASA1,1119,1712 157.65 (1) (a) If the department of regulation and licensing safety and
13professional services
has reason to believe that any person is violating or has violated
14this subchapter or any rule promulgated under this subchapter and that the
15continuation of that activity might cause injury to the public interest, the
16department of regulation and licensing safety and professional services may
17investigate.
AB40-ASA1, s. 2673 18Section 2673. 157.65 (1) (b) of the statutes is amended to read:
AB40-ASA1,1119,2319 157.65 (1) (b) If the department of commerce safety and professional services
20has reason to believe that any person is violating s. 157.12 or any rule promulgated
21under s. 157.12 and that the continuation of that activity might cause injury to the
22public interest, the department of commerce safety and professional services may
23investigate.
AB40-ASA1, s. 2674 24Section 2674. 157.65 (2) of the statutes is amended to read:
AB40-ASA1,1120,11
1157.65 (2) The department of justice or any district attorney, upon informing
2the department of justice, may commence an action in circuit court in the name of
3the state to restrain by temporary or permanent injunction any violation of this
4subchapter. The court may, prior to entry of final judgment, make such orders or
5judgments as may be necessary to restore to any person any pecuniary loss suffered
6because of the acts or practices involved in the action, if proof of such loss is submitted
7to the satisfaction of the court. The department of justice may subpoena persons and
8require the production of books and other documents, and may request the board
9described in s. 15.405 (3m) or the department of commerce safety and professional
10services
to exercise its authority under sub. (1) to aid in the investigation of alleged
11violations of this subchapter.
AB40-ASA1, s. 2675 12Section 2675. 160.01 (7) of the statutes is amended to read:
AB40-ASA1,1120,1813 160.01 (7) "Regulatory agency" means the department of agriculture, trade and
14consumer protection, the department of commerce safety and professional services,
15the department of transportation, the department of natural resources and other
16state agencies which regulate activities, facilities or practices which are related to
17substances which have been detected in or have a reasonable probability of entering
18the groundwater resources of the state.
AB40-ASA1, s. 2677 19Section 2677. 165.25 (4) (ag) of the statutes is amended to read:
AB40-ASA1,1120,2220 165.25 (4) (ag) The department of justice shall furnish legal services upon
21request of the department of commerce safety and professional services under s.
22167.35 (7).
AB40-ASA1, s. 2678 23Section 2678. 165.25 (4) (am) of the statutes is amended to read:
AB40-ASA1,1121,324 165.25 (4) (am) The department of justice shall furnish legal services to the
25department of regulation and licensing safety and professional services in all

1proceedings under s. 440.21 (3), together with any other services, including
2stenographic and investigational, as are necessarily connected with the legal
3services.
AB40-ASA1, s. 2681 4Section 2681. 165.25 (12) of the statutes is created to read:
AB40-ASA1,1121,145 165.25 (12) Representation arising from agreements with Minnesota.
6Represent any employee of the state of Minnesota who is named as a defendant in
7any civil action brought under the laws of this state as a result of performing services
8for this state under a valid agreement between this state and the state of Minnesota
9providing for interchange of employees or services and any employee of this state who
10is named as a defendant as a result of performing services for the state of Minnesota
11under such an agreement in any action brought under the laws of this state. Witness
12fees in any action specified in this subsection shall be paid in the same manner as
13provided in s. 885.07. The attorney general may compromise and settle any action
14specified in this subsection to the same extent as provided in s. 165.25 (6) (a).
AB40-ASA1, s. 2682 15Section 2682. 165.70 (3m) of the statutes is repealed.
AB40-ASA1, s. 2682m 16Section 2682m. 165.77 (7) of the statutes is amended to read:
AB40-ASA1,1121,2317 165.77 (7) Whenever a Wisconsin law enforcement agency or a health care
18professional collects evidence in a case of alleged or suspected sexual assault, the
19agency or professional shall follow the procedures specified in the department's rules
20under sub. (8). The laboratories shall perform, in a timely manner, deoxyribonucleic
21acid analysis of specimens provided by law enforcement agencies under sub. (2). The
22laboratories shall not include data obtained from deoxyribonucleic acid analysis of
23those specimens in the data bank under sub. (3).
AB40-ASA1, s. 2683 24Section 2683. 165.82 (1) (a) of the statutes, as affected by 2009 Wisconsin Act
2528
, is repealed.
AB40-ASA1, s. 2684
1Section 2684. 165.82 (1) (am) of the statutes, as created by 2009 Wisconsin Act
228
, is amended to read:
AB40-ASA1,1122,43 165.82 (1) (am) For each record check, except a fingerprint card record check,
4requested by a governmental agency, $7.
AB40-ASA1, s. 2685 5Section 2685. 165.82 (1) (b) of the statutes is repealed.
AB40-ASA1, s. 2686 6Section 2686. 165.825 of the statutes is amended to read:
AB40-ASA1,1122,11 7165.825 Information link; department of health services. The
8department of justice shall cooperate with the departments of regulation and
9licensing
safety and professional services and health services in developing and
10maintaining a computer linkup to provide access to the information obtained from
11a criminal history search.
AB40-ASA1, s. 2687 12Section 2687. 167.10 (3) (b) 2. of the statutes is amended to read:
AB40-ASA1,1122,1413 167.10 (3) (b) 2. The possession or use of explosives in accordance with rules
14or general orders of the department of commerce safety and professional services.
AB40-ASA1, s. 2688 15Section 2688. 167.10 (6m) (a) of the statutes is amended to read:
AB40-ASA1,1122,1916 167.10 (6m) (a) No person may manufacture in this state fireworks or a device
17listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license
18issued by the department of commerce safety and professional services under par.
19(d).
AB40-ASA1, s. 2689 20Section 2689. 167.10 (6m) (b) of the statutes is amended to read:
AB40-ASA1,1122,2421 167.10 (6m) (b) No person may manufacture in this state fireworks or a device
22listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of
23the department of commerce safety and professional services promulgated under
24par. (e).
AB40-ASA1, s. 2690 25Section 2690. 167.10 (6m) (c) of the statutes is amended to read:
AB40-ASA1,1123,4
1167.10 (6m) (c) Any person who manufactures in this state fireworks or a
2device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of
3commerce safety and professional services with a copy of each federal license issued
4under 18 USC 843 to that person.
AB40-ASA1, s. 2691 5Section 2691. 167.10 (6m) (d) of the statutes is amended to read:
AB40-ASA1,1123,136 167.10 (6m) (d) The department of commerce safety and professional services
7shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f)
8or (i) to (n) to a person who complies with the rules of the department promulgated
9under par. (e). The department may not issue a license to a person who does not
10comply with the rules promulgated under par. (e). The department may revoke a
11license under this subsection for the refusal to permit an inspection at reasonable
12times by the department or for a continuing violation of the rules promulgated under
13par. (e).
AB40-ASA1, s. 2692 14Section 2692. 167.10 (6m) (e) of the statutes is amended to read:
AB40-ASA1,1123,1715 167.10 (6m) (e) The department of commerce safety and professional services
16shall promulgate rules to establish safety standards for the manufacture in this state
17of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n).
AB40-ASA1, s. 2693 18Section 2693. 167.10 (6m) (f) of the statutes is amended to read:
AB40-ASA1,1123,2219 167.10 (6m) (f) The department of commerce safety and professional services
20may inspect at reasonable times the premises on which each person licensed under
21this subsection manufactures fireworks or devices listed under sub. (1) (e), (f) or (i)
22to (n).
AB40-ASA1, s. 2694 23Section 2694. 167.21 (1) (b) of the statutes is amended to read:
AB40-ASA1,1123,2524 167.21 (1) (b) "Department" means the department of commerce safety and
25professional services
.
AB40-ASA1, s. 2695
1Section 2695. 167.27 (5) of the statutes is amended to read:
AB40-ASA1,1124,202 167.27 (5) Whenever any mine shaft, exploration shaft or test well is
3abandoned or its use discontinued, the operator or contractor shall promptly fill
4same to grade or enclose the same with a fence of strong woven wire not less than 46
5inches wide with one barbwire above or cap same with a reinforced concrete slab at
6least 6 inches thick or with a native boulder at least 3 times the diameter of the top
7of the shaft or test well bore. The strands of the woven wire shall not be smaller than
8No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire;
9the strands shall not be more than 12 inches apart, and the meshes shall not exceed
108 inches square. All wires must be tightly stretched and securely fastened to
11sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect
12to repair or rebuild such fence which the person is so required to build and maintain,
13any person may complain to the department of commerce safety and professional
14services
or to the local governing body, which shall give notice in writing to the person
15who is required to build and maintain such fence. The department of commerce
16safety and professional services or the local governing body shall then proceed to
17examine the fence, and if it shall determine that such fence is insufficient, it shall
18notify the person responsible for its erection and maintenance and direct the person
19to repair or rebuild the fence within such time as it shall deem reasonable. Any
20person refusing to comply with such order shall be subject to the penalties provided.
AB40-ASA1, s. 2696 21Section 2696. 167.27 (8) of the statutes is amended to read:
AB40-ASA1,1124,2422 167.27 (8) Any violation of this section coming to the attention of the
23department of commerce safety and professional services or municipal authorities
24shall be reported to the attorney general or district attorney for prosecution.
AB40-ASA1, s. 2697 25Section 2697. 167.31 (4) (a) 4. b. of the statutes is amended to read:
AB40-ASA1,1125,3
1167.31 (4) (a) 4. b. He or she holds a certificate of proficiency to carry a firearm
2issued by the department of regulation and licensing safety and professional
3services
.
AB40-ASA1, s. 2698 4Section 2698. 167.31 (4) (a) 4. e. of the statutes is amended to read:
AB40-ASA1,1125,65 167.31 (4) (a) 4. e. His or her firearm is in plain view, as defined by rule by the
6department of regulation and licensing safety and professional services.
AB40-ASA1, s. 2699 7Section 2699. 167.35 (1) (b) of the statutes is amended to read:
AB40-ASA1,1125,98 167.35 (1) (b) "Department" means the department of commerce safety and
9professional services
unless the context requires otherwise.
AB40-ASA1, s. 2700 10Section 2700. 167.35 (7) (b) of the statutes is amended to read:
AB40-ASA1,1125,1511 167.35 (7) (b) The department of revenue, in the course of conducting any
12inspection or examination authorized under s. 139.39, may inspect cigarettes to
13determine if the cigarettes are marked as provided under sub. (4), and the
14department of revenue shall notify the department of commerce safety and
15professional services
of any unmarked cigarettes.
AB40-ASA1, s. 2701 16Section 2701. 167.35 (7) (c) of the statutes is amended to read:
AB40-ASA1,1125,2417 167.35 (7) (c) Authorized personnel from the department of justice, from the
18department of commerce safety and professional services, and from the department
19of revenue, and any sheriff, police officer, or other law enforcement personnel, within
20their respective jurisdictions, may enter and inspect any premises where cigarettes
21are made, sold, offered for sale, or stored to determine if the cigarettes comply with
22this section. An inspection under this paragraph includes examining the books,
23papers, invoices, and other records of any person who is subject to this section and
24who is in control, possession, or occupancy of the premises.
AB40-ASA1, s. 2702 25Section 2702. 168.01 (1) of the statutes is amended to read:
AB40-ASA1,1126,2
1168.01 (1) "Department" means the department of commerce safety and
2professional services
.
AB40-ASA1, s. 2702p 3Section 2702p. 169.19 (3) (d) of the statutes is created to read:
AB40-ASA1,1126,54 169.19 (3) (d) A municipality or county may not limit the number of wild birds
5that are released into the wild under the authority of a bird hunting preserve license.
AB40-ASA1, s. 2703 6Section 2703. 170.12 (3) (dm) of the statutes is repealed.
AB40-ASA1, s. 2704m 7Section 2704m. 175.405 of the statutes is created to read:
AB40-ASA1,1126,10 8175.405 Sexual assault; evidence where no suspect has been identified.
9(1) In this section, "law enforcement agency" has the meaning given in s. 165.83 (1)
10(b).
AB40-ASA1,1126,16 11(2) Whenever a Wisconsin law enforcement agency collects, in a case of alleged
12or suspected sexual assault, evidence upon which deoxyribonucleic acid analysis can
13be performed, and the person who committed the alleged or suspected sexual assault
14has not been identified, the agency shall follow the procedures specified in s. 165.77
15(8) and shall, in a timely manner, submit the evidence it collects to a crime laboratory,
16as identified in s. 165.75.
AB40-ASA1, s. 2705 17Section 2705. 182.0175 (1m) (e) 2. of the statutes is amended to read:
AB40-ASA1,1126,2118 182.0175 (1m) (e) 2. The department of commerce safety and professional
19services
may promulgate a rule that requires retail suppliers, as defined in s. 101.16
20(1) (d), of propane to inform their customers each year of the obligation of owners of
21transmission facilities under this section.
AB40-ASA1, s. 2707 22Section 2707. 186.235 (15) (b) of the statutes is amended to read:
AB40-ASA1,1127,423 186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b)
24and (c). The fees of witnesses who are called by the office in the interests of the state
25shall be paid by the state upon presentation of proper vouchers approved by the office

1of credit unions and charged to the appropriation under s. 20.144 (2) (1) (g). A witness
2subpoenaed by the office at the instance of a party other than the office shall not be
3entitled to payment of fees by the state unless the office certifies that the testimony
4was material to the purpose for which the subpoena was issued.
AB40-ASA1, s. 2707d 5Section 2707d. 186.314 (intro.) (except 186.314 (title)) of the statutes is
6renumbered 186.314 (1m) (intro.).
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