Amendment ASA1-AB40

AB40-ASA1,1120,11 157.65 (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 (3m) or the department of commerce safety and professional services to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

AB40-ASA1, s. 2675 Section 2675. 160.01 (7) of the statutes is amended to read:

AB40-ASA1,1120,18 160.01 (7) "Regulatory agency" means the department of agriculture, trade and consumer protection, the department of commerce safety and professional services, the department of transportation, the department of natural resources and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.

AB40-ASA1, s. 2677 Section 2677. 165.25 (4) (ag) of the statutes is amended to read:

AB40-ASA1,1120,22 165.25 (4) (ag) The department of justice shall furnish legal services upon request of the department of commerce safety and professional services under s. 167.35 (7).

AB40-ASA1, s. 2678 Section 2678. 165.25 (4) (am) of the statutes is amended to read:

AB40-ASA1,1121,3 165.25 (4) (am) The department of justice shall furnish legal services to the department of regulation and licensing safety and professional services in all proceedings under s. 440.21 (3), together with any other services, including stenographic and investigational, as are necessarily connected with the legal services.

AB40-ASA1, s. 2681 Section 2681. 165.25 (12) of the statutes is created to read:

AB40-ASA1,1121,14 165.25 (12) Representation arising from agreements with Minnesota. Represent any employee of the state of Minnesota who is named as a defendant in any civil action brought under the laws of this state as a result of performing services for this state under a valid agreement between this state and the state of Minnesota providing for interchange of employees or services and any employee of this state who is named as a defendant as a result of performing services for the state of Minnesota under such an agreement in any action brought under the laws of this state. Witness fees in any action specified in this subsection shall be paid in the same manner as provided in s. 885.07. The attorney general may compromise and settle any action specified in this subsection to the same extent as provided in s. 165.25 (6) (a).

AB40-ASA1, s. 2682 Section 2682. 165.70 (3m) of the statutes is repealed.

AB40-ASA1, s. 2682m Section 2682m. 165.77 (7) of the statutes is amended to read:

AB40-ASA1,1121,23 165.77 (7) Whenever a Wisconsin law enforcement agency or a health care professional collects evidence in a case of alleged or suspected sexual assault, the agency or professional shall follow the procedures specified in the department's rules under sub. (8). The laboratories shall perform, in a timely manner, deoxyribonucleic acid analysis of specimens provided by law enforcement agencies under sub. (2). The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens in the data bank under sub. (3).

AB40-ASA1, s. 2683 Section 2683. 165.82 (1) (a) of the statutes, as affected by 2009 Wisconsin Act 28, is repealed.

AB40-ASA1, s. 2684 Section 2684. 165.82 (1) (am) of the statutes, as created by 2009 Wisconsin Act 28, is amended to read:

AB40-ASA1,1122,4 165.82 (1) (am) For each record check, except a fingerprint card record check, requested by a governmental agency, $7.

AB40-ASA1, s. 2685 Section 2685. 165.82 (1) (b) of the statutes is repealed.

AB40-ASA1, s. 2686 Section 2686. 165.825 of the statutes is amended to read:

AB40-ASA1,1122,11 165.825 Information link; department of health services. The department of justice shall cooperate with the departments of regulation and licensing safety and professional services and health services in developing and maintaining a computer linkup to provide access to the information obtained from a criminal history search.

AB40-ASA1, s. 2687 Section 2687. 167.10 (3) (b) 2. of the statutes is amended to read:

AB40-ASA1,1122,14 167.10 (3) (b) 2. The possession or use of explosives in accordance with rules or general orders of the department of commerce safety and professional services.

AB40-ASA1, s. 2688 Section 2688. 167.10 (6m) (a) of the statutes is amended to read:

AB40-ASA1,1122,19 167.10 (6m) (a) No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) without a fireworks manufacturing license issued by the department of commerce safety and professional services under par. (d).

AB40-ASA1, s. 2689 Section 2689. 167.10 (6m) (b) of the statutes is amended to read:

AB40-ASA1,1122,24 167.10 (6m) (b) No person may manufacture in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) unless the person complies with the rules of the department of commerce safety and professional services promulgated under par. (e).

AB40-ASA1, s. 2690 Section 2690. 167.10 (6m) (c) of the statutes is amended to read:

AB40-ASA1,1123,4 167.10 (6m) (c) Any person who manufactures in this state fireworks or a device listed under sub. (1) (e), (f) or (i) to (n) shall provide the department of commerce safety and professional services with a copy of each federal license issued under 18 USC 843 to that person.

AB40-ASA1, s. 2691 Section 2691. 167.10 (6m) (d) of the statutes is amended to read:

AB40-ASA1,1123,13 167.10 (6m) (d) The department of commerce safety and professional services shall issue a license to manufacture fireworks or devices listed under sub. (1) (e), (f) or (i) to (n) to a person who complies with the rules of the department promulgated under par. (e). The department may not issue a license to a person who does not comply with the rules promulgated under par. (e). The department may revoke a license under this subsection for the refusal to permit an inspection at reasonable times by the department or for a continuing violation of the rules promulgated under par. (e).

AB40-ASA1, s. 2692 Section 2692. 167.10 (6m) (e) of the statutes is amended to read:

AB40-ASA1,1123,17 167.10 (6m) (e) The department of commerce safety and professional services shall promulgate rules to establish safety standards for the manufacture in this state of fireworks and devices listed under sub. (1) (e), (f) or (i) to (n).

AB40-ASA1, s. 2693 Section 2693. 167.10 (6m) (f) of the statutes is amended to read:

AB40-ASA1,1123,22 167.10 (6m) (f) The department of commerce safety and professional services may inspect at reasonable times the premises on which each person licensed under this subsection manufactures fireworks or devices listed under sub. (1) (e), (f) or (i) to (n).

AB40-ASA1, s. 2694 Section 2694. 167.21 (1) (b) of the statutes is amended to read:

AB40-ASA1,1123,25 167.21 (1) (b) "Department" means the department of commerce safety and professional services.

AB40-ASA1, s. 2695 Section 2695. 167.27 (5) of the statutes is amended to read:

AB40-ASA1,1124,20 167.27 (5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of commerce safety and professional services or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of commerce safety and professional services or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.

AB40-ASA1, s. 2696 Section 2696. 167.27 (8) of the statutes is amended to read:

AB40-ASA1,1124,24 167.27 (8) Any violation of this section coming to the attention of the department of commerce safety and professional services or municipal authorities shall be reported to the attorney general or district attorney for prosecution.

AB40-ASA1, s. 2697 Section 2697. 167.31 (4) (a) 4. b. of the statutes is amended to read:

AB40-ASA1,1125,3 167.31 (4) (a) 4. b. He or she holds a certificate of proficiency to carry a firearm issued by the department of regulation and licensing safety and professional services.

AB40-ASA1, s. 2698 Section 2698. 167.31 (4) (a) 4. e. of the statutes is amended to read:

AB40-ASA1,1125,6 167.31 (4) (a) 4. e. His or her firearm is in plain view, as defined by rule by the department of regulation and licensing safety and professional services.

AB40-ASA1, s. 2699 Section 2699. 167.35 (1) (b) of the statutes is amended to read:

AB40-ASA1,1125,9 167.35 (1) (b) "Department" means the department of commerce safety and professional services unless the context requires otherwise.

AB40-ASA1, s. 2700 Section 2700. 167.35 (7) (b) of the statutes is amended to read:

AB40-ASA1,1125,15 167.35 (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 commerce safety and professional services of any unmarked cigarettes.

AB40-ASA1, s. 2701 Section 2701. 167.35 (7) (c) of the statutes is amended to read:

AB40-ASA1,1125,24 167.35 (7) (c) Authorized personnel from the department of justice, from the department of commerce 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.

AB40-ASA1, s. 2702 Section 2702. 168.01 (1) of the statutes is amended to read:

AB40-ASA1,1126,2 168.01 (1) "Department" means the department of commerce safety and professional services.

AB40-ASA1, s. 2702p Section 2702p. 169.19 (3) (d) of the statutes is created to read:

AB40-ASA1,1126,5 169.19 (3) (d) A municipality or county may not limit the number of wild birds that are released into the wild under the authority of a bird hunting preserve license.

AB40-ASA1, s. 2703 Section 2703. 170.12 (3) (dm) of the statutes is repealed.

AB40-ASA1, s. 2704m Section 2704m. 175.405 of the statutes is created to read:

AB40-ASA1,1126,10 175.405 Sexual assault; evidence where no suspect has been identified. (1) In this section, "law enforcement agency" has the meaning given in s. 165.83 (1) (b).

AB40-ASA1,1126,16 (2) Whenever a Wisconsin law enforcement agency collects, in a case of alleged or suspected sexual assault, evidence upon which deoxyribonucleic acid analysis can be performed, and the person who committed the alleged or suspected sexual assault has not been identified, the agency shall follow the procedures specified in s. 165.77 (8) and shall, in a timely manner, submit the evidence it collects to a crime laboratory, as identified in s. 165.75.

AB40-ASA1, s. 2705 Section 2705. 182.0175 (1m) (e) 2. of the statutes is amended to read:

AB40-ASA1,1126,21 182.0175 (1m) (e) 2. The department of commerce safety and professional services may promulgate a rule that requires retail suppliers, as defined in s. 101.16 (1) (d), of propane to inform their customers each year of the obligation of owners of transmission facilities under this section.

AB40-ASA1, s. 2707 Section 2707. 186.235 (15) (b) of the statutes is amended to read:

AB40-ASA1,1127,4 186.235 (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 (2) (1) (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.

AB40-ASA1, s. 2707d Section 2707d. 186.314 (intro.) (except 186.314 (title)) of the statutes is renumbered 186.314 (1m) (intro.).

AB40-ASA1, s. 2707e Section 2707e. 186.314 (1) to (4) of the statutes are renumbered 186.314 (1m) (a) to (d).

AB40-ASA1, s. 2707f Section 2707f. 186.314 (1m) (title) of the statutes is created to read:

AB40-ASA1,1127,10 186.314 (1m) (title) To federal credit union.

AB40-ASA1, s. 2707g Section 2707g. 186.314 (2m) of the statutes is created to read:

AB40-ASA1,1127,12 186.314 (2m) To savings bank or state bank. (a) In this subsection:

AB40-ASA1,1127,15 1. "Savings bank" has the meaning given in s. 214.01 (1) (t) and includes a mutual savings bank and a stock savings bank as well as a savings bank that is a subsidiary of, or is otherwise controlled by, a savings bank holding company.

AB40-ASA1,1127,16 2. "Savings bank holding company" has the meaning given in s. 214.01 (1) (tm).

AB40-ASA1,1127,17 3. "State bank" means a bank organized under ch. 221.

AB40-ASA1,1127,19 (b) A credit union may convert to a savings bank or state bank by complying with pars. (c) to (e).

AB40-ASA1,1128,10 (c) The proposition for a conversion shall first be approved by a majority recommendation of the directors of the credit union. The directors shall, by a majority vote of the directors, set a date for a meeting of credit union members to vote on the conversion. Credit union members may also vote by written ballot to be filed on or before the meeting date. Written notice specifying the purpose and subject matter of the meeting and the date that is set for the meeting and for voting by submission of a written ballot shall be sent to each member eligible to vote at the member's address appearing on the records of the credit union. This notice shall be sent to each credit union member not more than 90 days nor less than 30 days before the date of the meeting to vote on the conversion and shall be accompanied by a written ballot. The ballot shall permit the member to vote for or against the proposal, shall clearly inform the member that the member may vote at the meeting or by submitting the written ballot, and shall state the date, time, and place of the meeting. Approval of the proposition for conversion shall be by affirmative vote, in person or in writing, of a majority of the credit union members voting at the meeting or by written ballot.

AB40-ASA1,1128,16 (d) A credit union that proposes to convert to a savings bank or state bank under this subsection shall file with the office of credit unions a notice of its intent to convert and, within 10 days after the member vote on the conversion under par. (c), a statement of the results of the member vote. If the credit union members vote to approve the proposition for conversion, the member vote shall be verified by the office of credit unions.

AB40-ASA1,1128,23 (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 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.

AB40-ASA1,1129,10 (f) Upon conversion, the credit union shall cease to be a credit union, shall be a savings bank or state bank, shall no longer be subject to this chapter, and shall be subject to ch. 214 or 221 and all other provisions of law governing savings banks or state banks. Upon conversion, the legal existence of the savings bank or state bank shall be a continuation of the credit union, and all property and every right, privilege, interest, and asset of the credit union immediately, without any conveyance, transfer, or further act of the savings bank or state bank, vests in the savings bank or state bank. The resulting savings bank or state bank shall succeed to and be vested with all the rights, assets, obligations, and relations of the credit union, and all actions and other judicial proceedings to which the credit union is a party may be prosecuted and defended, to the same extent as though the conversion had not taken place.

AB40-ASA1,1129,15 (g) Upon conversion of a credit union into a stock savings bank or state bank, the stock savings bank or state bank may distribute shares of the capital stock of the stock savings bank or state bank, or may distribute cash, or both, to the former members of the converted credit union in recognition of their ownership of the equity of the converted credit union.

AB40-ASA1,1129,19 (h) 1. In this paragraph, "senior management official" means a chief executive officer, an assistant chief executive officer, a chief financial officer, and any other senior executive officer as defined by the appropriate federal banking agency as directed under 12 USC 1831i (f).

AB40-ASA1,1129,25 2. No director or senior management official of a credit union may receive any economic benefit in connection with a conversion of the credit union to a savings bank or state bank except that a director or senior management official may receive director fees as well as compensation and other benefits paid to directors and senior management officials of the converted savings bank or state bank in the ordinary course of business.

AB40-ASA1, s. 2707m Section 2707m. 196.31 (2m) of the statutes is amended to read:

AB40-ASA1,1130,11 196.31 (2m) From the appropriation under s. 20.155 (1) (j), the commission shall may make an annual grant grants that, in the aggregate, do not exceed an annual total of $300,000 to a one or more nonstock, nonprofit corporation corporations that is are described under section 501 (c) (3) of the Internal Revenue Code, and that has have a history of advocating at the commission on behalf of residential ratepayers for affordable rates ratepayers of this state, for the purpose of offsetting the general expenses of the corporation corporations, including salary, benefit, rent, and utility expenses. The commission may impose conditions on grants made under this subsection and may revoke a grant if the commission finds that such a condition is not being met.

AB40-ASA1, s. 2708 Section 2708. 196.374 (2) (a) 2. e. of the statutes is amended to read:

AB40-ASA1,1130,20 196.374 (2) (a) 2. e. Components to implement energy efficiency or renewable energy measures in facilities of manufacturing businesses in this state that are consistent with the objectives under s. 560.128 (1) (a) the implementation of energy efficiency or renewable energy measures in manufacturing facilities to enhance their competitiveness, the retooling of existing facilities to manufacture products that support the green economy, the expansion or establishment of domestic clean energy manufacturing operations, and creating or retaining jobs for workers engaged in such activities.

AB40-ASA1, s. 2709 Section 2709. 196.374 (2) (a) 4. of the statutes is repealed.

AB40-ASA1, s. 2710 Section 2710. 196.374 (3) (a) of the statutes is amended to read:

AB40-ASA1,1131,9 196.374 (3) (a) In general. The commission shall have oversight of programs under sub. (2). The commission shall maximize coordination of program delivery, including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c) and (7), ordered programs, low-income weatherization programs under s. 16.957, renewable resource programs under s. 196.378, and other energy efficiency or renewable resource programs. The commission shall cooperate with the department of natural resources to ensure coordination of energy efficiency and renewable resource programs with air quality programs and to maximize and document the air quality improvement benefits that can be realized from energy efficiency and renewable resource programs. The commission shall cooperate with the department of commerce to ensure coordination of energy efficiency and renewable resource programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 (1) (a).

AB40-ASA1, s. 2710c Section 2710c. 196.374 (3) (b) 2. (intro.) of the statutes is renumbered 196.374 (3) (b) 2. and amended to read:

AB40-ASA1,1131,21 196.374 (3) (b) 2. The commission shall require each energy utility to spend 1.2 percent of its annual operating revenues to fund the utility's programs under sub. (2) (b) 1., the utility's ordered programs, the utility's share of the statewide energy efficiency and renewable resource programs under sub. (2) (a) 1., and the utility's share, as determined by the commission under subd. 4., of the costs incurred by the commission in administering this section. Subject to approval under subd. 3., the commission may require each energy utility to spend a larger percentage of its annual operating revenues to fund these programs and costs. The commission may make such a requirement based on the commission's consideration of all of the following:

AB40-ASA1, s. 2710e Section 2710e. 196.374 (3) (b) 2. a. to h. of the statutes are repealed.

AB40-ASA1, s. 2710g Section 2710g. 196.374 (3) (b) 3. of the statutes is repealed.

AB40-ASA1, s. 2711 Section 2711. 196.49 (4) of the statutes is amended to read: