AB40-ASA1,1118,1615
157.061
(5) "Department" means the department of
regulation and licensing 16safety and professional services.
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-ASA1,1118,2423
157.12
(1) Definition. Notwithstanding s. 157.061 (5), in this section,
24"department" means the department of
commerce
safety and professional services.
AB40-ASA1,1119,10
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-ASA1,1119,1712
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-ASA1,1119,2319
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-ASA1,1120,11
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-ASA1,1120,1813
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-ASA1,1120,2220
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-ASA1,1121,324
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-ASA1,1121,145
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-ASA1,1121,2317
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-ASA1,1122,43
165.82
(1) (am) For each record check, except a fingerprint card record check,
4requested by a governmental agency, $7.
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-ASA1,1122,1413
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-ASA1,1122,1916
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-ASA1,1122,2421
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-ASA1,1123,4
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-ASA1,1123,136
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-ASA1,1123,1715
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-ASA1,1123,2219
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-ASA1,1123,2524
167.21
(1) (b) "Department" means the department of
commerce safety and
25professional services.
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-ASA1,1124,2422
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-ASA1,1125,98
167.35
(1) (b) "Department" means the department of
commerce safety and
9professional services unless the context requires otherwise.
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-ASA1,1125,2417
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-ASA1,1126,2
1168.01
(1) "Department" means the department of
commerce safety and
2professional services.
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-ASA1,1126,10
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-ASA1,1127,423
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.).
AB40-ASA1, s. 2707e
7Section 2707e. 186.314 (1) to (4) of the statutes are renumbered 186.314 (1m)
8(a) to (d).
AB40-ASA1,1127,1010
186.314
(1m) (title)
To federal credit union.
AB40-ASA1,1127,1212
186.314
(2m) To savings bank or state bank. (a) In this subsection:
AB40-ASA1,1127,1513
1. "Savings bank" has the meaning given in s. 214.01 (1) (t) and includes a
14mutual savings bank and a stock savings bank as well as a savings bank that is a
15subsidiary of, or is otherwise controlled by, a savings bank holding company.
AB40-ASA1,1127,1616
2. "Savings bank holding company" has the meaning given in s. 214.01 (1) (tm).
AB40-ASA1,1127,1717
3. "State bank" means a bank organized under ch. 221.
AB40-ASA1,1127,1918
(b) A credit union may convert to a savings bank or state bank by complying
19with pars. (c) to (e).
AB40-ASA1,1128,1020
(c) The proposition for a conversion shall first be approved by a majority
21recommendation of the directors of the credit union. The directors shall, by a
22majority vote of the directors, set a date for a meeting of credit union members to vote
23on the conversion. Credit union members may also vote by written ballot to be filed
24on or before the meeting date. Written notice specifying the purpose and subject
25matter of the meeting and the date that is set for the meeting and for voting by
1submission of a written ballot shall be sent to each member eligible to vote at the
2member's address appearing on the records of the credit union. This notice shall be
3sent to each credit union member not more than 90 days nor less than 30 days before
4the date of the meeting to vote on the conversion and shall be accompanied by a
5written ballot. The ballot shall permit the member to vote for or against the proposal,
6shall clearly inform the member that the member may vote at the meeting or by
7submitting the written ballot, and shall state the date, time, and place of the
8meeting. Approval of the proposition for conversion shall be by affirmative vote, in
9person or in writing, of a majority of the credit union members voting at the meeting
10or by written ballot.
AB40-ASA1,1128,1611
(d) A credit union that proposes to convert to a savings bank or state bank under
12this subsection shall file with the office of credit unions a notice of its intent to convert
13and, within 10 days after the member vote on the conversion under par. (c), a
14statement of the results of the member vote. If the credit union members vote to
15approve the proposition for conversion, the member vote shall be verified by the office
16of credit unions.
AB40-ASA1,1128,2317
(e) Upon approval by the credit union members of the proposition for
18conversion under par. (c), the credit union shall take all necessary action under ch.
19214 or 221 to complete the conversion to a savings bank or state bank. Within 90 days
20after receipt from the division of banking of a certificate of incorporation as a savings
21bank or state bank, the credit union shall file a copy of the certificate with the office
22of credit unions and the office of credit unions shall issue to a converting credit union
23a certificate of conversion to a savings bank or state bank.
AB40-ASA1,1129,1024
(f) Upon conversion, the credit union shall cease to be a credit union, shall be
25a savings bank or state bank, shall no longer be subject to this chapter, and shall be
1subject to ch. 214 or 221 and all other provisions of law governing savings banks or
2state banks. Upon conversion, the legal existence of the savings bank or state bank
3shall be a continuation of the credit union, and all property and every right, privilege,
4interest, and asset of the credit union immediately, without any conveyance,
5transfer, or further act of the savings bank or state bank, vests in the savings bank
6or state bank. The resulting savings bank or state bank shall succeed to and be
7vested with all the rights, assets, obligations, and relations of the credit union, and
8all actions and other judicial proceedings to which the credit union is a party may be
9prosecuted and defended, to the same extent as though the conversion had not taken
10place.
AB40-ASA1,1129,1511
(g) Upon conversion of a credit union into a stock savings bank or state bank,
12the stock savings bank or state bank may distribute shares of the capital stock of the
13stock savings bank or state bank, or may distribute cash, or both, to the former
14members of the converted credit union in recognition of their ownership of the equity
15of the converted credit union.
AB40-ASA1,1129,1916
(h) 1. In this paragraph, "senior management official" means a chief executive
17officer, an assistant chief executive officer, a chief financial officer, and any other
18senior executive officer as defined by the appropriate federal banking agency as
19directed under
12 USC 1831i (f).