SB21: Bill Text

SB21,3486 Section 3486. 157.061 (2g) of the statutes is amended to read:

SB21,1331,12 157.061 (2g) "Cemetery board" means the board created in s. 15.405 15.175 (3m).

SB21,3487 Section 3487. 157.062 (1) of the statutes is amended to read:

SB21,1331,23 157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2, and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the department of financial institutions. The association then has the powers of a corporation.

SB21,3488 Section 3488. 157.062 (2) of the statutes is amended to read:

SB21,1332,6 157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

SB21,3489 Section 3489. 157.062 (6) (b) of the statutes is amended to read:

SB21,1332,22 157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place, and object of the meeting, assemble and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds, and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.

SB21,3490 Section 3490. 157.062 (6m) of the statutes is amended to read:

SB21,1332,25 157.062 (6m) Forms. The department of financial institutions may prescribe and furnish forms for providing the information required under subs. (1) to (6).

SB21,3491 Section 3491. 157.062 (9) of the statutes is amended to read:

SB21,1333,7 157.062 (9) Exemptions for certain cemeteries. In lieu of delivering a certification, resolution, or copy of proceedings to the department of financial institutions under sub. (1), (2), or (6) (b), a cemetery association that is not required to be licensed under s. 440.91 (1) or registered under s. 440.91 (1m) shall deliver the certification, resolution, or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.

SB21,3492 Section 3492. 157.064 (7) of the statutes is amended to read:

SB21,1333,13 157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the department of financial institutions in writing of the transfer, including the name and address of the accepting association or its treasurer. The department of financial institutions may prescribe and furnish forms for providing the information required under this subsection.

SB21,3493 Section 3493. 157.11 (9m) of the statutes is amended to read:

SB21,1333,18 157.11 (9m) Action by district attorney. If any money or property is not turned over when required by this section, or default occurs under a bond, the district attorney, upon the request of the department of safety and professional services, shall bring action to recover.

SB21,3494 Section 3494. 157.12 (3) (b) of the statutes is amended to read:

SB21,1334,4 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of safety and professional services to indemnify the cemetery against loss if the treasurer fails to maintain the fund. No indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.

SB21,3495 Section 3495. 157.62 (1) (a) (intro.) of the statutes is amended to read:

SB21,1334,11 157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the department of financial institutions. The report shall be made on a calendar-year basis unless the department of financial institutions, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:

SB21,3496 Section 3496. 157.62 (1) (c) of the statutes is amended to read:

SB21,1334,17 157.62 (1) (c) The department of financial institutions may prescribe and furnish forms for reports required under this subsection. If the department of financial institutions prescribes forms under this paragraph, the department of financial institutions shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.

SB21,3497 Section 3497. 157.65 (1) (a) of the statutes is amended to read:

SB21,1334,23 157.65 (1) (a) If the department of safety and professional services has reason to believe that any person is violating or has violated this subchapter or any rule promulgated under this subchapter and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services may investigate.

SB21,3498 Section 3498. 157.65 (1) (b) of the statutes is amended to read:

SB21,1335,4 157.65 (1) (b) If the department of safety and professional services has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of safety and professional services may investigate.

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.