157.62 (5) (a) The department may promulgate rules establishing minimum standards for the format and maintenance of records required under this section, except under sub. (1).
16,2852so
Section 2852so. 157.62 (6) of the statutes is renumbered 157.62 (6) (a) and amended to read:
157.62 (6) (a) Except as provided in ss. 157.625, 157.63 (5) and 440.92 (9) (e), the department may audit, at reasonable times and frequency, the records, trust funds, and accounts of any cemetery authority and shall audit the records, trust funds, and accounts of each registered cemetery authority of a cemetery in a county with a population greater than 600,000, including records, trust funds, and accounts pertaining to services provided by a cemetery authority which are not otherwise subject to the requirements under this chapter. The department may conduct audits under this subsection on a random basis, and shall conduct all audits under this subsection without providing prior notice to the cemetery authority.
16,2852sp
Section 2852sp. 157.62 (6) (b) of the statutes is created to read:
157.62 (6) (b) If the department has cause to believe that a registered cemetery authority of a cemetery in a county with a population greater than 600,000 has not complied with the requirements of this subchapter or subch. VIII of ch. 440 pertaining to trust funds and accounts, the department may require the cemetery authority to submit an audit conducted at the cemetery authority's expense by an independent certified public accountant in accordance with generally accepted auditing standards.
16,2852sq
Section 2852sq. 157.625 of the statutes is amended to read:
157.625 Reporting exemption for certain cemeteries. (1) A cemetery authority of a cemetery that is not located in a county with a population that is greater than 600,000 and that is not required under this chapter or under s. 440.92 to maintain any care funds or preneed trust funds is not required to file an annual report under s. 157.62 (2).
(2) A cemetery authority of a cemetery that is not located in a county with a population that is greater than 600,000 and whose annual operating budget for the cemetery is $2,500 or less is not required to file an annual report under s. 157.62 (2).
(3) Section 157.62 does not apply to a cemetery authority that is not required to be registered under s. 440.91 (1) and, that is not organized or conducted for pecuniary profit, and that does not operate a cemetery in a county with a population that is greater than 600,000.
16,2852sr
Section 2852sr. 157.63 (title) of the statutes is amended to read:
157.63 (title) Reporting and auditing exemptions; certification of compliance of religious cemetery affiliated with religious society authority.
16,2852ss
Section 2852ss. 157.63 (1) of the statutes is amended to read:
157.63 (1) In lieu of filing an annual report under s. 157.62 (2), a religious cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 or that religious society or the church, synagogue, mosque, incorporated college of a religious order, or religious society organized under ch. 187 that is affiliated with a religious cemetery authority may file an annual certification with the department as provided in this section.
16,2852st
Section 2852st. 157.63 (2) (b) of the statutes is amended to read:
157.63 (2) (b) A notarized statement of a person who is legally authorized to act on behalf of the religious society cemetery authority under this section that, during the reporting period under s. 157.62, each cemetery and the religious cemetery authority of each cemetery specified under par. (a) have either fully complied or have substantially complied with ss. 157.11 (9g) and 157.12 (3).
16,2852sv
Section 2852sv. 157.63 (3) of the statutes is amended to read:
157.63 (3) If the statement under sub. (2) (b) includes a statement of substantial compliance, the statement under sub. (2) (b) must also specify those instances when the cemetery or religious cemetery authority did not fully comply with s. 157.11 (9g) or 157.12 (3).
16,2852sx
Section 2852sx. 157.63 (4) of the statutes is amended to read:
157.63 (4) A certification under this section is effective for the 12-month period immediately following the reporting period under s. 157.62 (2) for which the religious cemetery authority is certified under this section to have fully or substantially complied with ss. 157.11 (9g) and 157.12 (3).
16,2852sz
Section 2852sz. 157.63 (6) of the statutes is amended to read:
157.63 (6) The church, synagogue, mosque, incorporated college of a religious order, or religious society that is affiliated with a cemetery to which a certification under this section applies is liable for the damages of any person that result from the failure of the cemetery or religious cemetery authority to fully comply with s. 157.11 (9g) or 157.12 (3) during the reporting period under s. 157.62 (2) for which such compliance has been certified under this section.
16,2852w
Section 2852w. 157.635 of the statutes is amended to read:
157.635 Regulations of religious cemetery affiliated with religious society authorities. Nothing in this subchapter prohibits a religious cemetery authority of a cemetery that is affiliated with a religious society organized under ch. 187 from prohibiting the burial of the human remains of an individual in the cemetery if the individual was in a class of individuals who are prohibited from being buried in the cemetery under regulations adopted by the religious cemetery authority or church, synagogue, mosque, incorporated college of a religious order, or religious society from being buried in the cemetery that is affiliated with the religious cemetery authority.
16,2852yh
Section 2852yh. 157.64 (2) (e) of the statutes is amended to read:
157.64 (2) (e) Fails to maintain records as required in s. 157.62 (3) and (4) (a).
16,2852yL
Section 2852yL. 157.64 (2) (h) of the statutes is created to read:
157.64 (2) (h) Violates s. 157.112, if the violation occurs in a county with a population greater than 600,000.
16,2852yu
Section 2852yu. 157.65 (1) (b) of the statutes is amended to read:
157.65 (1) (b) If the department of commerce 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 commerce may shall investigate.
16,2853
Section 2853. 157.70 (2) (i) of the statutes is amended to read:
157.70 (2) (i) Cause a cataloged burial site to be recorded by the register of deeds of the county in which the burial site is located. The historical society shall reimburse the county for the cost of recording under this paragraph from the appropriation under s. 20.245 (3)
(1) (a).
16,2853r
Section 2853r. 165.017 (1) of the statutes is repealed.
16,2853s
Section 2853s. 165.017 (2) of the statutes is amended to read:
165.017 (2) The attorney general or his or her designee shall review and approve or disapprove all proposed petitions or petitions for commitment of individuals as specified under s. 51.20 (1) (ad) 1.
16,2853t
Section 2853t. 165.017 (3) of the statutes is repealed.
16,2853u
Section 2853u. 165.017 (5) of the statutes is repealed.
16,2854
Section 2854. 165.055 (3) of the statutes is repealed.
16,2854m
Section 2854m. 165.10 of the statutes is created to read:
165.10 Civil rights enforcement. If any person, whether or not acting under color of law, interferes with the exercise or enjoyment by any individual of a right secured by the constitution or laws of the United States, or of a right secured by the constitution or laws of this state, the attorney general may bring an action for injunction or other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right secured.
16,2854r
Section 2854r. 165.25 (4) (a) of the statutes is amended to read:
165.25 (4) (a) The department of justice shall furnish all legal services required by the investment board, the lottery division in the department of revenue, the public service commission, the department of transportation, the department of natural resources, the department of forestry, the department of tourism, and the department of employee trust funds, together with any other services, including stenographic and investigational, as are necessarily connected with the legal work.
16,2855
Section 2855. 165.25 (4) (ar) of the statutes is amended to read:
165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50, and 100.51 and chs. 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.
16,2856b
Section 2856b. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:
165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.
16,2856d
Section 2856d. 165.25 (10) of the statutes is created to read:
165.25 (10) Report on restitution. Semiannually submit a report to the department of administration and the joint committee on finance regarding money received by the department of justice under a court order or a settlement agreement for providing restitution to victims. The report shall specify the amount of restitution received by the department of justice during the reporting period; the persons to whom the department of justice paid restitution and the amount that the department of justice paid to each recipient during the reporting period; and the department of justice's methodology for selecting recipients and determining the amount paid to each recipient.
16,2857g
Section 2857g. 165.72 (title) of the statutes is amended to read:
165.72 (title) Controlled
Dangerous weapons in public schools and controlled substances hotline and rewards for controlled substances tips.
16,2857h
Section 2857h. 165.72 (1) (a) of the statutes is renumbered 165.72 (1) (aj).
16,2857i
Section 2857i. 165.72 (1) (ad) of the statutes is created to read:
165.72 (1) (ad) "Dangerous weapon" has the meaning given in s. 939.22 (10).
16,2857j
Section 2857j. 165.72 (2) (intro.) of the statutes is amended to read:
165.72 (2) Hotline. (intro.) The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for both all of the following:
16,2857k
Section 2857k. 165.72 (2) (c) of the statutes is created to read:
165.72 (2) (c) For persons to provide information anonymously regarding dangerous weapons in public schools.
16,2857L
Section 2857L. 165.72 (2g) of the statutes is created to read:
165.72 (2g) After-hours message for calls concerning dangerous weapons in public schools. The department of justice shall provide for a person to answer telephone calls that are made after normal retail business hours to the telephone number under sub. (2). If a caller makes a telephone call after normal retail business hours regarding dangerous weapons in a public school, the person answering the telephone call shall request that the caller call the telephone number "911" or a local law enforcement agency.
16,2857m
Section 2857m. 165.72 (2m) of the statutes is created to read:
165.72 (2m) Transmission of information concerning dangerous weapons in public schools. Immediately upon receiving any information under sub. (2) (c) regarding dangerous weapons in a public school, or immediately at the beginning of the next retail business day if the information is not received during normal retail business hours, the department of justice shall provide the information to all of the following:
(a) The administration of the public school.
(b) The appropriate law enforcement agency, as defined in s. 165.83 (1) (b), for the municipality in which the public school is located.
16,2857n
Section 2857n. 165.72 (7) of the statutes is amended to read:
165.72 (7) Publicity. The From the appropriation under s. 20.455 (2) (a), the department shall purchase public information and promotion services regarding the toll-free telephone number under sub. (2). The department and any agency providing publicity services under this subsection shall cooperate with the department of public instruction in publicizing, in public schools, the use of the toll-free telephone number under sub. (2).
16,2857t
Section 2857t. 165.755 (1) (b) of the statutes is amended to read:
165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar) or, (bm), or (br) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation or a safety belt use violation under s. 347.48 (2m).
16,2858
Section 2858. 165.755 (4) of the statutes is amended to read:
165.755 (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town or village, and that treasurer shall make payment to the state treasurer as provided in s. 66.0114 (1) (b) (bm).
16,2858c
Section 2858c. 165.77 (2) (a) 2. of the statutes is amended to read:
165.77 (2) (a) 2. The laboratories may compare the data obtained from the specimen with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall not include data obtained from deoxyribonucleic acid analysis of those specimens received under this paragraph in the data bank under sub. (3). The laboratories shall destroy specimens obtained under this paragraph after analysis has been completed and the applicable court proceedings have concluded.
16,2858e
Section 2858e. 165.77 (2m) of the statutes is created to read:
165.77 (2m) (a) If the laboratories receive biological material under a court order issued under s. 974.07 (8), the laboratories shall analyze the deoxyribonucleic acid in the material and submit the results of the analysis to the court that ordered the analysis.
(b) The laboratories may compare the data obtained from material received under par. (a) with data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney, or subject of the data. The data may be used in criminal and delinquency actions and proceedings. The laboratories shall not include data obtained from deoxyribonucleic acid analysis of material received under par. (a) in the data bank under sub. (3).
(c) Paragraph (b) does not apply to specimens received under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047, or 980.063.
16,2858g
Section 2858g. 165.77 (3) of the statutes is amended to read:
165.77 (3) If the laboratories receive a human biological specimen under s. 51.20 (13) (cr), 165.76, 938.34 (15), 971.17 (1m) (a), 973.047 or 980.063, the laboratories shall analyze the deoxyribonucleic acid in the specimen. The laboratories shall maintain a data bank based on data obtained from deoxyribonucleic acid analysis of those specimens. The laboratories may compare the data obtained from one specimen with the data obtained from other specimens. The laboratories may make data obtained from any analysis and comparison available to law enforcement agencies in connection with criminal or delinquency investigations and, upon request, to any prosecutor, defense attorney or subject of the data. The data may be used in criminal and delinquency actions and proceedings. In this state, the use is subject to s. 972.11 (5). The laboratories shall destroy specimens obtained under this subsection after analysis has been completed and the applicable court proceedings have concluded.
16,2858i
Section 2858i. 165.81 (1) of the statutes is amended to read:
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, either destroy the same evidence, retain it in the laboratories, return it to the submitting officer or agency, or turn it over to the University of Wisconsin upon the request of the head of any department. Whenever of the University of Wisconsin. 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.
16,2858k
Section 2858k. 165.81 (3) of the statutes is created to read:
165.81 (3) (a) In this subsection:
1. "Custody" has the meaning given in s. 968.205 (1) (a).
2. "Discharge date" has the meaning given in s. 968.205 (1) (b).
(b) Except as provided in par. (c), if physical evidence that is in the possession of the laboratories includes any biological material that was collected in connection with a criminal investigation that resulted in a criminal conviction, a delinquency adjudication, or commitment under s. 971.17 or 980.06, the laboratories shall preserve the physical evidence until every person in custody as a result of the conviction, adjudication, or commitment has reached his or her discharge date.
(c) Subject to par. (e), the department may destroy biological material before the expiration of the time period specified in par. (b) if all of the following apply:
1. The department sends a notice of its intent to destroy the biological material to all persons who remain in custody as a result of the criminal conviction, delinquency adjudication, or commitment, and to either the attorney of record for each person in custody or the state public defender.
2. No person who is notified under subd. 1. does either of the following within 90 days after the date on which the person received the notice:
a. Files a motion for testing of the biological material under s. 974.07 (2).
b. Submits a written request to preserve the biological material to the department.
3. No other provision of federal or state law requires the department to preserve the biological material.
