AB40,1030,1511 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, s. 2701 16Section 2701. 167.35 (7) (c) of the statutes is amended to read:
AB40,1030,2417 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, s. 2702 25Section 2702. 168.01 (1) of the statutes is amended to read:
AB40,1031,2
1168.01 (1) "Department" means the department of commerce safety and
2professional services
.
AB40, s. 2703 3Section 2703. 170.12 (3) (dm) of the statutes is repealed.
AB40, s. 2704 4Section 2704. 174.13 (2) of the statutes is amended to read:
AB40,1031,205 174.13 (2) Any officer or pound which has custody of an unclaimed dog may
6release the dog to the University of Wisconsin System, the University of
7Wisconsin–Madison,
the Medical College of Wisconsin, Inc., or to any other
8educational institution of higher learning chartered under the laws of the state and
9accredited to the University of Wisconsin System or University of
10Wisconsin–Madison
, upon requisition by the institution. The requisition shall be in
11writing, shall bear the signature of an authorized agent, and shall state that the dog
12is requisitioned for scientific or educational purposes. If a requisition is made for a
13greater number of dogs than is available at a given time, the officer or pound may
14supply those immediately available and may withhold from other disposition all
15unclaimed dogs coming into the officer's or pound's custody until the requisition is
16fully discharged, excluding impounded dogs as to which ownership is established
17within a reasonable period. A dog left by its owner for disposition is not considered
18an unclaimed dog under this section. If operated by a county, city, village or town,
19the officer or pound is entitled to the payment of $1 for each dog requisitioned. An
20institution making a requisition shall provide for the transportation of the dog.
AB40, s. 2705 21Section 2705. 182.0175 (1m) (e) 2. of the statutes is amended to read:
AB40,1031,2522 182.0175 (1m) (e) 2. The department of commerce safety and professional
23services
may promulgate a rule that requires retail suppliers, as defined in s. 101.16
24(1) (d), of propane to inform their customers each year of the obligation of owners of
25transmission facilities under this section.
AB40, s. 2706
1Section 2706. 185.983 (1) (intro.) of the statutes is amended to read:
AB40,1032,92 185.983 (1) (intro.) Every voluntary nonprofit health care plan operated by a
3cooperative association organized under s. 185.981 shall be exempt from chs. 600 to
4646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44,
5601.45, 611.26, 611.67, 619.04, 623.11, 623.12, 628.34 (10), 631.17, 631.89, 631.93,
6631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.798, 632.85,
7632.853, 632.855, 632.87 (2), (2m), (3), (4), (5), and (6), 632.885, 632.89, 632.895 (5)
8and (8) to (17) (16m), 632.896, and 632.897 (10) and chs. 609, 620, 630, 635, 645, and
9646, but the sponsoring association shall:
AB40, s. 2707 10Section 2707. 186.235 (15) (b) of the statutes is amended to read:
AB40,1032,1711 186.235 (15) (b) Witness fees shall be the same as fees under s. 814.67 (1) (b)
12and (c). The fees of witnesses who are called by the office in the interests of the state
13shall be paid by the state upon presentation of proper vouchers approved by the office
14of credit unions and charged to the appropriation under s. 20.144 (2) (1) (g). A witness
15subpoenaed by the office at the instance of a party other than the office shall not be
16entitled to payment of fees by the state unless the office certifies that the testimony
17was material to the purpose for which the subpoena was issued.
AB40, s. 2708 18Section 2708. 196.374 (2) (a) 2. e. of the statutes is amended to read:
AB40,1033,219 196.374 (2) (a) 2. e. Components to implement energy efficiency or renewable
20energy measures in facilities of manufacturing businesses in this state that are
21consistent with the objectives under s. 560.128 (1) (a) the implementation of energy
22efficiency or renewable energy measures in manufacturing facilities to enhance their
23competitiveness, the retooling of existing facilities to manufacture products that
24support the green economy, the expansion or establishment of domestic clean energy

1manufacturing operations, and creating or retaining jobs for workers engaged in
2such activities
.
AB40, s. 2709 3Section 2709. 196.374 (2) (a) 4. of the statutes is repealed.
AB40, s. 2710 4Section 2710. 196.374 (3) (a) of the statutes is amended to read:
AB40,1033,165 196.374 (3) (a) In general. The commission shall have oversight of programs
6under sub. (2). The commission shall maximize coordination of program delivery,
7including coordination between programs under subs. (2) (a) 1., (b) 1. and 2., and (c)
8and (7), ordered programs, low-income weatherization programs under s. 16.957,
9renewable resource programs under s. 196.378, and other energy efficiency or
10renewable resource programs. The commission shall cooperate with the department
11of natural resources to ensure coordination of energy efficiency and renewable
12resource programs with air quality programs and to maximize and document the air
13quality improvement benefits that can be realized from energy efficiency and
14renewable resource programs. The commission shall cooperate with the department
15of commerce to ensure coordination of energy efficiency and renewable resource
16programs under sub. (2) (a) 2. e. with the loan program under s. 560.128 (1) (a).
AB40, s. 2711 17Section 2711. 196.49 (4) of the statutes is amended to read:
AB40,1033,2118 196.49 (4) The commission may not issue a certificate under sub. (1), (2), or (3)
19for the construction of electric generating equipment and associated facilities unless
20the commission determines that brownfields, as defined in s. 238.13 (1) (a) or s.
21560.13 (1) (a), 2009 stats., are used to the extent practicable.
AB40, s. 2712 22Section 2712. 196.491 (2) (b) 2. of the statutes is amended to read:
AB40,1033,2323 196.491 (2) (b) 2. Department of commerce safety and professional services.
AB40, s. 2713 24Section 2713. 196.491 (2) (e) of the statutes is amended to read:
AB40,1034,5
1196.491 (2) (e) Any state agency, as defined in s. 560.9810 (1), office,
2commission, department, or independent agency in the executive branch of state
3government or any
county, municipality, town, or person may submit written
4comments to the commission on a strategic energy assessment within 90 days after
5copies of the draft are issued under par. (b).
AB40, s. 2714 6Section 2714. 196.491 (3) (a) 2m. b. of the statutes is amended to read:
AB40,1034,107 196.491 (3) (a) 2m. b. The applicant proposes alternative construction sites for
8the facility that are contiguous or proximate, provided that at least one of the
9proposed sites is a brownfield, as defined in s. 560.13 238.13 (1) (a), or the site of a
10former or existing large electric generating facility.
AB40, s. 2715 11Section 2715. 196.491 (3) (d) 8. of the statutes is amended to read:
AB40,1034,1312 196.491 (3) (d) 8. For a large electric generating facility, brownfields, as defined
13in s. 560.13 238.13 (1) (a), are used to the extent practicable.
AB40, s. 2716 14Section 2716. 200.49 (1) (b) of the statutes is amended to read:
AB40,1034,1615 200.49 (1) (b) "Minority group member" has the meaning given under s.
16560.036 490.04 (1) (f).
AB40, s. 2717 17Section 2717. 200.57 (1) (a) of the statutes is amended to read:
AB40,1034,2118 200.57 (1) (a) "Disabled veteran-owned financial adviser" and "disabled
19veteran-owned investment firm" mean a financial adviser and investment firm,
20respectively, certified by the department of commerce safety and professional
21services
under s. 560.0335 490.02 (3).
AB40, s. 2718 22Section 2718. 200.57 (1) (b) of the statutes is amended to read:
AB40,1034,2523 200.57 (1) (b) "Minority financial adviser" and "minority investment firm"
24mean a financial adviser and investment firm, respectively, certified by the
25department of commerce safety and professional services under s. 560.036 490.04 (2).
AB40, s. 2719
1Section 2719. 214.48 (4) (a) of the statutes is amended to read:
AB40,1035,72 214.48 (4) (a) An independent qualified appraiser, designated by the board of
3directors, who is properly licensed and certified by the department of regulation and
4licensing
safety and professional services or by another entity authorized to govern
5appraisal licensure and certification and who meets the requirements of title XI of
6the financial institutions reform, recovery and enforcement act of 1989, 12 USC 3331
7to 3351 and regulations adopted pursuant to those sections.
AB40, s. 2720 8Section 2720. 218.0171 (2) (c) of the statutes is amended to read:
AB40,1035,209 218.0171 (2) (c) To receive a comparable new motor vehicle or a refund due
10under par. (b) 1. or 2., a consumer described under sub. (1) (b) 1., 2. or 3. shall offer
11to the manufacturer of the motor vehicle having the nonconformity to transfer title
12of that motor vehicle to that manufacturer. No later than 30 days after that offer, the
13manufacturer shall provide the consumer with the comparable new motor vehicle or
14refund. When the manufacturer provides the new motor vehicle or refund, the
15consumer shall return the motor vehicle having the nonconformity to the
16manufacturer and provide the manufacturer with the certificate of title and all
17endorsements necessary to transfer title to the manufacturer. If another person is
18in possession of the certificate of title, as shown by the records of the department of
19transportation, that person shall, upon request of the consumer, provide the
20certificate to the manufacturer or to the consumer.
AB40, s. 2721 21Section 2721. 218.0171 (2) (cm) 2. of the statutes is amended to read:
AB40,1036,622 218.0171 (2) (cm) 2. To receive a refund due under par. (b) 3., a motor vehicle
23lessor shall offer to the manufacturer of the motor vehicle having the nonconformity
24to transfer title of that motor vehicle to that manufacturer. No later than 30 days
25after that offer, the manufacturer shall provide the refund to the motor vehicle lessor.

1When the manufacturer provides the refund, the motor vehicle lessor shall provide
2to the manufacturer the certificate of title and all endorsements necessary to
3transfer title to the manufacturer. If another person is in possession of the certificate
4of title, as shown by the records of the department of transportation, that person
5shall, upon request of the motor vehicle lessor, provide the certificate to the
6manufacturer or to the motor vehicle lessor.
AB40, s. 2722 7Section 2722. 218.11 (2) (am) 3. of the statutes is amended to read:
AB40,1036,118 218.11 (2) (am) 3. The department of commerce may not disclose any
9information received under subd. 1. to any person except to the department of
10children and families for purposes of administering s. 49.22 or to the department of
11revenue for the sole purpose of requesting certifications under s. 73.0301.
AB40, s. 2723 12Section 2723. 218.12 (2) (am) 2. of the statutes is amended to read:
AB40,1036,1713 218.12 (2) (am) 2. The department of commerce may not disclose a social
14security number obtained under par. (a) to any person except to the department of
15children and families for the sole purpose of administering s. 49.22 or to the
16department of revenue for the sole purpose of requesting certifications under s.
1773.0301.
AB40, s. 2724 18Section 2724. 218.23 (1) of the statutes is amended to read:
AB40,1037,419 218.23 (1) Whenever a licensed motor vehicle salvage dealer acquires a motor
20vehicle for the purpose of wrecking it, the dealer shall mail or deliver the certificate
21of title or if the transfer to the salvage dealer was by a bill of sale, the bill of sale, for
22such vehicle to the department within 30 days after the vehicle is delivered to the
23salvage yard unless the previous owner already has done so or, if another person is
24in possession of the certificate of title, as shown by the records of the department of
25transportation, that person already has done so
. If he or she the dealer subsequently

1wishes to transfer such vehicle to another person, he or she the dealer shall make
2such transfer only by bill of sale. In such bill of sale, he or she the dealer shall
3describe the vehicle and shall state that the certificate of title for the vehicle has been
4mailed or delivered to the department because the vehicle was to have been junked.
AB40, s. 2725 5Section 2725. 227.01 (1) of the statutes is amended to read:
AB40,1037,106 227.01 (1) "Agency" means a board, commission, committee, department or
7officer in the state government, except the governor, a district attorney, or a military
8or judicial officer, and in subch. II includes the Board of Trustees of the University
9of Wisconsin–Madison with respect to rules promulgated under s. 37.11 (1m) (a), (c),
10and (cm) and (8)
.
AB40, s. 2726 11Section 2726. 227.01 (13) (yc) of the statutes is created to read:
AB40,1037,1312 227.01 (13) (yc) Adjusts the total cost threshold for highway projects under ss.
1384.013 (2m) and 84.0145 (4).
AB40, s. 2727 14Section 2727. 227.01 (13) (yL) of the statutes is repealed.
AB40, s. 2728 15Section 2728. 227.01 (13) (zi) of the statutes is repealed.
AB40, s. 2729 16Section 2729. 227.114 (5) of the statutes is repealed.
AB40, s. 2730 17Section 2730. 227.115 of the statutes is repealed.
AB40, s. 2731 18Section 2731. 227.116 (1) of the statutes is renumbered 227.116 (1r) and
19amended to read:
AB40,1037,2420 227.116 (1r) Each proposed rule submitted to the legislative council under s.
21227.15 that includes a requirement for a business to obtain a permit , as defined in
22s. 560.41 (2),
shall specify the number of business days, calculated beginning on the
23day a permit application is received, within which the agency will review and make
24a determination on a permit application.
AB40, s. 2732 25Section 2732. 227.116 (1g) of the statutes is created to read:
AB40,1038,2
1227.116 (1g) In this section, "permit" means any approval of an agency
2required as a condition of operating a business in this state.
AB40, s. 2733 3Section 2733. 227.116 (2) of the statutes is amended to read:
AB40,1038,84 227.116 (2) If any existing rule does not comply with sub. (1) (1r), the agency
5that promulgated the rule shall submit to the legislative council a proposed revision
6of the rule that will bring the rule into compliance with sub. (1) (1r). The legislative
7council staff's review of the proposed revision is limited to determining whether or
8not the agency has complied with this subsection.
AB40, s. 2734 9Section 2734. 227.116 (3) of the statutes is amended to read:
AB40,1038,1310 227.116 (3) Subsections (1) (1r) and (2) do not apply to a rule if the rule, or a
11law under which the rule was promulgated, effective prior to November 17, 1983,
12contains a specification of a time period for review and determination on a permit
13application.
AB40, s. 2735 14Section 2735. 227.116 (4) (intro.) of the statutes is amended to read:
AB40,1038,1915 227.116 (4) (intro.) If an agency fails to review and make a determination on
16a permit application within the time period specified in a rule or law, for each such
17failure the agency shall prepare a report and submit it to the department of
18commerce safety and professional services within 5 business days of the last day of
19the time period specified, setting forth all of the following:
AB40, s. 2736 20Section 2736. 227.116 (5) of the statutes is amended to read:
AB40,1038,2421 227.116 (5) If an agency fails to review and make a determination on a permit
22application within the time period specified in a rule or law, upon completion of the
23review and determination for that application, the agency shall notify the
24department of commerce safety and professional services.
AB40, s. 2737 25Section 2737. 227.137 (1) of the statutes is amended to read:
AB40,1039,3
1227.137 (1) In this section, "agency" means the departments of agriculture,
2trade, and consumer protection; commerce safety and professional services; natural
3resources; transportation; and workforce development.
AB40, s. 2738 4Section 2738. 227.137 (3) (intro.) of the statutes is amended to read:
AB40,1039,135 227.137 (3) (intro.) An economic impact report shall contain information on the
6effect of the proposed rule on specific businesses, business sectors, and the state's
7economy. When preparing the report, the agency shall solicit information and advice
8from the department of commerce Wisconsin Economic Development Corporation,
9and from governmental units, associations, businesses, and individuals that may be
10affected by the proposed rule. The agency may request information that is
11reasonably necessary for the preparation of an economic impact report from other
12state agencies, governmental units, associations, businesses, and individuals. The
13economic impact report shall include all of the following:
AB40, s. 2739 14Section 2739. 227.19 (3) (g) of the statutes is repealed.
AB40, s. 2740 15Section 2740. 227.59 of the statutes is amended to read:
AB40,1040,7 16227.59 Certification of certain cases from the circuit court of Dane
17County to other circuits.
Any action or proceeding for the review of any order of
18an administrative officer, commission, department or other administrative tribunal
19of the state required by law to be instituted in or taken to the circuit court of Dane
20County except an action or appeal for the review of any order of the department of
21workforce development or the department of commerce safety and professional
22services
or findings and orders of the labor and industry review commission which
23is instituted or taken and is not called for trial or hearing within 6 months after the
24proceeding or action is instituted, and the trial or hearing of which is not continued
25by stipulation of the parties or by order of the court for cause shown, shall on the

1application of either party on 5 days' written notice to the other be certified and
2transmitted for trial to the circuit court of the county of the residence or principal
3place of business of the plaintiff or petitioner, where the action or proceeding shall
4be given preference. Unless written objection is filed within the 5-day period, the
5order certifying and transmitting the proceeding shall be entered without hearing.
6The plaintiff or petitioner shall pay to the clerk of the circuit court of Dane County
7a fee of $2 for transmitting the record.
AB40, s. 2741 8Section 2741. 229.46 (1) (ag) of the statutes is amended to read:
AB40,1040,119 229.46 (1) (ag) "Disabled veteran-owned business" means a business certified
10by the department of commerce safety and professional services under s. 560.0335
11490.02 (3).
AB40, s. 2742 12Section 2742. 229.46 (1) (b) of the statutes is amended to read:
AB40,1040,1413 229.46 (1) (b) "Minority group member" has the meaning given in s. 560.036
14490.04 (1) (f).
AB40, s. 2743 15Section 2743. 229.70 (1) (ag) of the statutes is amended to read:
AB40,1040,1816 229.70 (1) (ag) "Disabled veteran-owned business" means a business certified
17by the department of commerce safety and professional services under s. 560.0335
18490.02 (3).
AB40, s. 2744 19Section 2744. 229.70 (1) (am) of the statutes is amended to read:
AB40,1040,2120 229.70 (1) (am) "Minority business" has the meaning given in s. 560.036 490.04
21(1) (e).
AB40, s. 2745 22Section 2745. 229.70 (1) (b) of the statutes is amended to read:
AB40,1040,2423 229.70 (1) (b) "Minority group member" has the meaning given in s. 560.036
24490.04 (1) (f).
AB40, s. 2746 25Section 2746. 229.8273 (1) (am) of the statutes is amended to read:
AB40,1041,3
1229.8273 (1) (am) "Disabled veteran-owned business" means a business
2certified by the department of commerce safety and professional services under s.
3560.0335 490.02 (3).
AB40, s. 2747 4Section 2747. 229.8273 (1) (b) of the statutes is amended to read:
AB40,1041,65 229.8273 (1) (b) "Minority business" has the meaning given in s. 560.036 490.04
6(1) (e).
AB40, s. 2748 7Section 2748. 229.8273 (1) (c) of the statutes is amended to read:
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