Amendment CA1-SSA1-SB55

SB55-SSA1-CA1, s. 2858g Section 2858g. 165.77 (3) of the statutes is amended to read:

SB55-SSA1-CA1,735,6 165.77 (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.

SB55-SSA1-CA1, s. 2858i Section 2858i. 165.81 (1) of the statutes is amended to read:

SB55-SSA1-CA1,735,21 165.81 (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.

SB55-SSA1-CA1, s. 2858k Section 2858k. 165.81 (3) of the statutes is created to read:

SB55-SSA1-CA1,735,23 165.81 (3) (a) In this subsection:

SB55-SSA1-CA1,735,24 1. "Custody" has the meaning given in s. 968.205 (1) (a).

SB55-SSA1-CA1,735,25 2. "Discharge date" has the meaning given in s. 968.205 (1) (b).

SB55-SSA1-CA1,736,6 (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.

SB55-SSA1-CA1,736,8 (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:

SB55-SSA1-CA1,736,12 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.

SB55-SSA1-CA1,736,14 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:

SB55-SSA1-CA1,736,15 a. Files a motion for testing of the biological material under s. 974.07 (2).

SB55-SSA1-CA1,736,17 b. Submits a written request to preserve the biological material to the department.

SB55-SSA1-CA1,736,19 3. No other provision of federal or state law requires the department to preserve the biological material.

SB55-SSA1-CA1,736,24 (d) A notice provided under par. (c) 1. shall clearly inform the recipient that the biological material will be destroyed unless, within 90 days after the date on which the person receives the notice, either a motion for testing of the material is filed under s. 974.07 (2) or a written request to preserve the material is submitted to the department.

SB55-SSA1-CA1,737,6 (e) If, after providing notice under par. (c) 1. of its intent to destroy biological material, the department receives a written request to preserve the material, the department shall preserve the material until the discharge date of the person who made the request or on whose behalf the request was made, subject to a court order issued under s. 974.07 (7), (9) (a), or (10) (a) 5., unless the court orders destruction or transfer of the biological material under s. 974.07 (9) (b) or (10) (a) 5.

SB55-SSA1-CA1,737,12 (f) Unless otherwise provided in a court order issued under s. 974.07 (9) (a) or (b) or (10) (a) 5., nothing in this subsection prohibits the laboratories from returning evidence that must be preserved under par. (b) or (e) to the agency that submitted the evidence to the laboratories. If the laboratories return evidence that must be preserved under par. (b) or (e) to a submitting agency, any action taken by the agency with respect to the evidence shall be in accordance with s. 968.205.".

SB55-SSA1-CA1,737,13 1277. Page 960, line 10: after that line insert:

SB55-SSA1-CA1,737,15 " Section 2859m. 165.85 (4) (b) 1. of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-SSA1-CA1,739,6 165.85 (4) (b) 1. No person may be appointed as a law enforcement or tribal law enforcement officer, except on a temporary or probationary basis, unless the person has satisfactorily completed a preparatory program of law enforcement training approved by the board and has been certified by the board as being qualified to be a law enforcement or tribal law enforcement officer. The program shall include 400 hours of training, except that the program for law enforcement officers who serve as rangers for the department of natural resources or the department of forestry includes 240 hours of training. The board shall promulgate a rule under ch. 227 providing a specific curriculum for a 400-hour conventional program and a 240-hour ranger program. The rule shall ensure that there is an adequate amount of training for each program to enable the person to deal effectively with domestic abuse incidents, including training that addresses the emotional and psychological effect that domestic abuse has on victims. The training under this subdivision shall include training on emergency detention standards and procedures under s. 51.15, emergency protective placement standards and procedures under s. 55.06 (11) and information on mental health and developmental disabilities agencies and other resources that may be available to assist the officer in interpreting the emergency detention and emergency protective placement standards, making emergency detentions and emergency protective placements and locating appropriate facilities for the emergency detentions and emergency protective placements of persons. The training under this subdivision shall include at least one hour of instruction on recognizing the symptoms of Alzheimer's disease or other related dementias and interacting with and assisting persons who have Alzheimer's disease or other related dementias. The training under this subdivision shall include training on police pursuit standards, guidelines and driving techniques established under par. (cm) 2. b. The period of temporary or probationary employment established at the time of initial employment shall not be extended by more than one year for an officer lacking the training qualifications required by the board. The total period during which a person may serve as a law enforcement and tribal law enforcement officer on a temporary or probationary basis without completing a preparatory program of law enforcement training approved by the board shall not exceed 2 years, except that the board shall permit part-time law enforcement and tribal law enforcement officers to serve on a temporary or probationary basis without completing a program of law enforcement training approved by the board to a period not exceeding 3 years. For purposes of this section, a part-time law enforcement or tribal law enforcement officer is a law enforcement or tribal law enforcement officer who routinely works not more than one-half the normal annual work hours of a full-time employee of the employing agency or unit of government. Law enforcement training programs including municipal, county and state programs meeting standards of the board are acceptable as meeting these training requirements.".

SB55-SSA1-CA1,739,7 1278. Page 965, line 4: after that line insert:

SB55-SSA1-CA1,739,8 " Section 2881ae. 167.10 (2) of the statutes is amended to read:

SB55-SSA1-CA1,739,10 167.10 (2) Sale. No person may sell or possess with intent to sell fireworks, except to any of the following:

SB55-SSA1-CA1,739,11 (a) To a A person holding a permit under sub. (3) (c);.

SB55-SSA1-CA1,739,12 (b) To a A city, village, or town; or.

SB55-SSA1-CA1,739,13 (c) For A person for a purpose specified under sub. (3) (b) 2. to 6.

SB55-SSA1-CA1, s. 2881af Section 2881af. 167.10 (2) (d) of the statutes is created to read:

SB55-SSA1-CA1,739,16 167.10 (2) (d) A nonresident person who, prior to the sale, gives the seller a signed statement indicating that the fireworks are for use outside of this state.

SB55-SSA1-CA1, s. 2881ag Section 2881ag. 167.10 (3) (title) of the statutes is repealed and recreated to read:

SB55-SSA1-CA1,739,19 167.10 (3) (title) Possession and use.

SB55-SSA1-CA1, s. 2881ah Section 2881ah. 167.10 (3) (a) of the statutes is amended to read:

SB55-SSA1-CA1,740,5 167.10 (3) (a) No Except as otherwise provided in this paragraph, no person may possess or use fireworks without a user's permit from the mayor of the city, president of the village, or chairperson of the town in which the possession or use is to occur or from an official or employee of that municipality designated by the mayor, president, or chairperson. This paragraph does not prohibit the possession of fireworks with intent to sell the fireworks in compliance with sub. (2). No person may use fireworks or a device listed under sub. (1) (e) to (g) or (i) to (n) while attending a fireworks display for which a permit has been issued to a person listed under par. (c) 1. to 5. or under par. (c) 6. if the display is open to the general public.

SB55-SSA1-CA1, s. 2881aj Section 2881aj. 167.10 (3) (b) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,740,8 167.10 (3) (b) (intro.) Paragraph (a) does The prohibitions under par. (a) do not apply to:

SB55-SSA1-CA1, s. 2881ak Section 2881ak. 167.10 (3) (b) 8. of the statutes is created to read:

SB55-SSA1-CA1,740,13 167.10 (3) (b) 8. Except as provided in par. (bm), the possession of fireworks by a nonresident person in any city, town, or village if the nonresident person intends to use the fireworks outside of this state and is transporting the fireworks to a location outside of this state.

SB55-SSA1-CA1, s. 2881am Section 2881am. 167.10 (3) (bm) of the statutes is amended to read:

SB55-SSA1-CA1,740,18 167.10 (3) (bm) Paragraph (a) applies to a person transporting fireworks under par. (b) 7. or 8. if, in the course of transporting the fireworks through a city, town, or village, the person remains in that city, town, or village for a period of at least 12 hours.

SB55-SSA1-CA1, s. 2881an Section 2881an. 167.10 (4) of the statutes is amended to read:

SB55-SSA1-CA1,741,2 167.10 (4) Out-of-state and in-state shipping. Shipping and transporting. This section does not prohibit a resident wholesaler or jobber from selling fireworks to a nonresident person outside of this state or to a person or group granted a permit under sub. (3) (c) 1. to 7. A resident wholesaler or resident jobber that ships the fireworks sold under this subsection shall package and ship the fireworks in accordance with applicable state and federal law by, as defined in s. 194.01 (1), (2), and (11), common motor carrier, contract motor carrier, or private motor carrier.

SB55-SSA1-CA1, s. 2881ap Section 2881ap. 167.10 (8) (b) of the statutes is amended to read:

SB55-SSA1-CA1,741,12 167.10 (8) (b) Fireworks stored, handled, sold, possessed, or used by a person who violates this section, an ordinance adopted under sub. (5) sub. (6m) (a), (b), or (c); a rule promulgated under sub. (6m) (e); or a court order under par. (a) may be seized and held as evidence of the violation. Except as provided in s. 968.20 (4), only the fireworks that are the subject of a violation of this section, an ordinance adopted under sub. (5), or a court order under par. (a) may be destroyed after conviction for a violation. Except as provided in s. 968.20 (4), fireworks that are seized as evidence of a violation for which no conviction results shall be returned to the owner in the same condition as they were when seized to the extent practicable.".

SB55-SSA1-CA1,741,13 1279. Page 983, line 3: after that line insert:

SB55-SSA1-CA1,741,14 " Section 2917b. 180.0122 (1) (a) of the statutes is amended to read:

SB55-SSA1-CA1,741,17 180.0122 (1) (a) Articles of incorporation, 1 cent for each authorized share, except the minimum fee is $90 and the maximum fee is $10,000 and except that the fee for investment companies is determined under sub. (1m) $100.

SB55-SSA1-CA1, s. 2917d Section 2917d. 180.0122 (1) (m) of the statutes is amended to read:

SB55-SSA1-CA1,741,23 180.0122 (1) (m) Amendment of articles of incorporation, $40; plus 1 cent for each authorized share after the amendment, less a credit of 1 cent for each authorized share immediately before the amendment; except the maximum fee under this paragraph is $10,000 and except that the fee for investment companies is determined under sub. (1m).

SB55-SSA1-CA1, s. 2917f Section 2917f. 180.0122 (1) (n) of the statutes is amended to read:

SB55-SSA1-CA1,742,6 180.0122 (1) (n) Restatement of articles of incorporation with or without amendment of articles, $40; plus 1 cent for each authorized share after the restatement and any amendment, less a credit of 1 cent for each authorized share immediately before the restatement and any amendment; except the maximum fee under this paragraph is $10,000 and except that the fee for investment companies is determined under sub. (1m).

SB55-SSA1-CA1, s. 2917h Section 2917h. 180.0122 (1) (o) of the statutes is amended to read:

SB55-SSA1-CA1,742,14 180.0122 (1) (o) Articles of merger, $50 for each domestic corporation and each foreign corporation authorized to transact business in this state that is a party to the merger; plus 1 cent for each authorized share of the surviving domestic corporation after the merger, less a credit of 1 cent for each share that is authorized immediately before the merger by each domestic corporation that is a party to the merger; except the maximum fee under this paragraph is $10,000 and except that the fee for investment companies is determined under sub. (1m).

SB55-SSA1-CA1, s. 2917j Section 2917j. 180.0122 (1) (om) of the statutes is amended to read:

SB55-SSA1-CA1,742,21 180.0122 (1) (om) Articles of share exchange, $50 for each domestic corporation and each foreign corporation authorized to transact business in this state that is a party to the share exchange; plus 1 cent for each authorized share of the acquiring domestic corporation after the share exchange, less a credit of 1 cent for each share that is authorized immediately before the share exchange by the acquiring domestic corporation; except the maximum fee under this paragraph is $10,000.

SB55-SSA1-CA1, s. 2917m Section 2917m. 180.0122 (1) (x) of the statutes is amended to read:

SB55-SSA1-CA1,742,25 180.0122 (1) (x) Annual report of a domestic corporation that is submitted to the department by authorized electronic means, $25; annual report of a domestic corporation that is submitted to the department on paper, $40.

SB55-SSA1-CA1, s. 2917p Section 2917p. 180.0122 (1) (y) of the statutes is amended to read:

SB55-SSA1-CA1,743,8 180.0122 (1) (y) Annual report of a foreign corporation , $50, that is submitted to the department by authorized electronic means, $65, and annual report submitted to the department on paper, $80, and in case the annual report shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1503, an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 for each $1,000 or fraction thereof of the excess.".

SB55-SSA1-CA1,743,9 1280. Page 983, line 6: after that line insert:

SB55-SSA1-CA1,743,10 " Section 2918m. 180.0122 (1m) of the statutes is repealed.".

SB55-SSA1-CA1,743,11 1281. Page 983, line 18: after that line insert:

SB55-SSA1-CA1,743,12 " Section 2920c. 180.0701 (4) (c) of the statutes is amended to read:

SB55-SSA1-CA1,743,14 180.0701 (4) (c) Ratification of the selection of independent certified public accountants licensed or certified under ch. 442.

SB55-SSA1-CA1, s. 2920g Section 2920g. 180.0826 (2) of the statutes is amended to read:

SB55-SSA1-CA1,743,18 180.0826 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters that the director or officer believes in good faith are within the person's professional or expert competence.

SB55-SSA1-CA1, s. 2920n Section 2920n. 180.1903 (1) of the statutes is amended to read:

SB55-SSA1-CA1,744,2 180.1903 (1) One Except as provided in sub. (1m), one or more natural persons licensed, certified, or registered pursuant to any provisions of the statutes, if all have the same license, certificate, or registration or if all are health care professionals, may organize and own shares in a service corporation. A service corporation may own, operate, and maintain an establishment and otherwise serve the convenience of its shareholders in carrying on the particular profession, calling, or trade for which the licensure, certification, or registration of its organizers is required.

SB55-SSA1-CA1, s. 2920r Section 2920r. 180.1903 (1m) of the statutes is created to read:

SB55-SSA1-CA1,744,6 180.1903 (1m) A service corporation for carrying on the profession of certified public accounting may be organized under sub. (1) if more than 50% of the shareholders are certified public accountants.

SB55-SSA1-CA1, s. 2920w Section 2920w. 180.1921 (2) of the statutes is amended to read:

SB55-SSA1-CA1,744,19 180.1921 (2) The report shall show the address of this service corporation's principal office and the name and post-office address of each shareholder, director, and officer of the service corporation and shall certify that, with the exceptions permitted in s. ss. 180.1903 (1m) and 180.1913, each shareholder, director, and officer is licensed, certified, registered, or otherwise legally authorized to render the same professional or other personal service in this state or is a health care professional. The service corporation shall prepare the report on forms prescribed and furnished by the department, and the report shall contain no fiscal or other information except that expressly called for by this section. The department shall forward report blanks by 1st class mail to every service corporation in good standing, at least 60 days before the date on which the service corporation is required by this section to file an annual report.".

SB55-SSA1-CA1,744,20 1282. Page 984, line 10: after that line insert:

SB55-SSA1-CA1,744,21 " Section 2923g. 181.0850 (2) of the statutes is amended to read:

SB55-SSA1-CA1,745,2 181.0850 (2) Professionals and experts. Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.

SB55-SSA1-CA1, s. 2923r Section 2923r. 181.1620 (2) (intro.) of the statutes is amended to read:

SB55-SSA1-CA1,745,9 181.1620 (2) (intro.) Accountant's Certified public accountant's report or officer's statement. If annual financial statements are reported upon by a certified public accountant licensed or certified under ch. 442, the certified public accountant's report must accompany them. If not, the statements must be accompanied by a statement of the president or the person responsible for the corporation's financial accounting records that includes all of the following:".

SB55-SSA1-CA1,745,10 1283. Page 985, line 9: after that line insert:

SB55-SSA1-CA1,745,11 " Section 2932m. 185.363 (2) of the statutes is amended to read:

SB55-SSA1-CA1,745,14 185.363 (2) Legal counsel, certified public accountants licensed or certified under ch. 442, or other persons as to matters the director or officer believes in good faith are within the person's professional or expert competence.".

SB55-SSA1-CA1,745,15 1284. Page 985, line 9: after that line insert:

SB55-SSA1-CA1,745,16 " Section 2932h. 185.61 (1) of the statutes is amended to read:

SB55-SSA1-CA1,745,19 185.61 (1) (a) If otherwise lawful, any 2 or more associations may merge or consolidate under this chapter or under the law of the state where the surviving or new association will exist.

SB55-SSA1-CA1,746,2 (b) Before a cooperative may merge or consolidate with any other association, a written plan of merger or consolidation shall be prepared by the board or by a committee selected by the board or the members for that purpose. The plan shall set forth all the terms of the merger or consolidation, including any provisions for abandonment of the plan, and the proposed effect of the plan on all members and stockholders of the cooperative, including the treatment of the equity interest of the members upon merger or consolidation.

SB55-SSA1-CA1,746,4 (c) In case of consolidation, the plan of consolidation shall also contain the articles of the new association.

SB55-SSA1-CA1, s. 2932r Section 2932r. 185.62 (5) of the statutes is created to read:

SB55-SSA1-CA1,746,17 185.62 (5) The surviving association, in the case of a merger, or the new association, in the case of consolidation, shall prepare an annual report on the implementation of any provision in the plan of merger or consolidation relating to the equity interest of any member that was affected by the merger or consolidation. The report shall be kept in the principal office of the surviving association, in the case of a merger, or in the principal office of the new association, in the case of consolidation, and shall be available for inspection by any member whose equity interest was affected by the merger or consolidation. The surviving association, in the case of a merger, or the new association, in the case of consolidation, shall prepare the report until such time that the implementation of any provision in the plan of merger or consolidation relating to the equity interest of any member that was affected by the merger or consolidation is complete.".

SB55-SSA1-CA1,746,18 1285. Page 985, line 9: after that line insert:

SB55-SSA1-CA1,746,19 " Section 2928r. 183.0114 (1) (w) of the statutes is amended to read:

SB55-SSA1-CA1,746,22 183.0114 (1) (w) Annual report of a foreign limited liability company, $50 that is submitted to the department by authorized electronic means, $65; annual report submitted to the department on paper, $80.".