165.40(5)(c)
(c) Another nonprofit corporation, to which all of the following apply:
165.40(5)(c)1.
1. The nonprofit corporation has a charitable health care purpose that is substantially similar to the corporation that owns the hospital or system of hospitals.
165.40(5)(c)2.
2. The nonprofit corporation is an organization described in section
501 (c) (3) of the Internal Revenue Code that is exempt from federal income tax under section
501 (a) of the Internal Revenue Code.
165.40(5)(c)3.
3. The nonprofit corporation maintains on the board of directors of the acquired hospital or system of hospitals representation from the community affected by the acquisition.
165.40(6)
(6) Denial, suspension or revocation of certificate of approval. 165.40(6)(a)(a) No certificate of approval to maintain a hospital may be issued under
s. 50.35 and a certificate of approval that has been issued under that section shall be suspended or revoked if any of the following occurs:
165.40(6)(a)1.
1. Acquisition of a hospital that is subject to
sub. (2) is made without approval by the attorney general, the office or the department.
165.40(6)(a)2.
2. Acquisition of a hospital that is subject to
sub. (2) is made after the attorney general, the office or the department has disapproved an application for the acquisition under
sub. (4) and, if an action under
s. 806.04 is brought, after a judicial determination is made under
s. 806.04 that the proposed acquisition does not meet the standards specified in
sub. (4) (a) to
(h).
165.40(6)(b)
(b) If the attorney general or the office is aware that a violation of
par. (a) 1. or
2. has occurred, the attorney general or the office shall notify the department for appropriate action under
s. 50.35.
165.40(7)
(7) Attorney general; authority. Nothing in this section or in
s. 50.35 limits the authority of the attorney general to act with respect to an acquisition, including the authority of the attorney general to act under
15 USC 26,
ch. 133 or other state law.
165.40 History
History: 1997 a. 93;
1999 a. 32.
165.50
165.50
Criminal investigation. 165.50(1)
(1) The department of justice shall perform the following criminal investigatory functions for the state:
165.50(1)(a)
(a) Investigate crime that is statewide in nature, importance or influence.
165.50(2)
(2) Special criminal investigation agents of the department shall have the same general police powers as are conferred upon peace officers.
165.50(3)
(3) Except as provided in
s. 20.001 (5), all moneys received as restitution payments reimbursing the department of justice for moneys expended in undercover investigations and operations shall be deposited as general purpose revenue - earned.
165.51
165.51
State fire marshal. The attorney general shall designate an employee as the state fire marshal.
165.51 History
History: 1977 c. 260;
1985 a. 29.
165.55
165.55
Arson investigation. 165.55(1)
(1) The chief of the fire department or company of every city, village and town in which a fire department or company exists, and where no fire department or company exists, the city mayor, village president or town clerk shall investigate or cause to be investigated the cause, origin and circumstances of every fire occurring in his or her city, village or town by which property has been destroyed or damaged when the damage exceeds $500, and on fires of unknown origin he or she shall especially investigate whether the fire was the result of negligence, accident or design. Where any investigation discloses that the fire may be of incendiary origin, he or she shall report the same to the state fire marshal.
165.55(2)
(2) The department of justice shall supervise and direct the investigation of fires of incendiary origin when the state fire marshal deems the investigation expedient.
165.55(3)
(3) When, in the opinion of the state fire marshal, investigation is necessary, he or she shall take or cause to be taken the testimony on oath of all persons supposed to be cognizant of any facts or to have any means of knowledge in relation to any case of damage to property by fire or explosives. If the state fire marshal is of the opinion that there is evidence sufficient to charge any person with a crime under
s. 941.11,
943.01,
943.012,
943.013,
943.02,
943.03 or
943.04 or with an attempt to commit any of those crimes, he or she shall cause the person to be prosecuted, and furnish the prosecuting attorney the names of all witnesses and all the information obtained by him or her, including a copy of all testimony taken in the investigation.
165.55(4)
(4) The state fire marshal shall assign at least one deputy fire marshal exclusively to fire marshal duties for counties having a population of 500,000 or more.
165.55(7)
(7) The state fire marshal and his or her subordinates shall each have the power to conduct investigations and hearings and take testimony regarding fires and the causes thereof, and compel the attendance of witnesses. The fees of witnesses shall be paid upon certificates signed by the officer before whom any witnesses shall have attended, and shall be charged to the appropriation for the state fire marshal.
165.55(8)
(8) All investigations held by or under the direction of the state fire marshal, or his or her subordinates, may, in the fire marshal's discretion, be private, and persons other than those required to be present may be excluded from the place where such investigation is held, and witnesses may be kept apart from each other, and not allowed to communicate with each other until they have been examined.
165.55(9)
(9) The state fire marshal and his or her subordinates may at all reasonable hours in performance of their duties enter upon and examine any building or premises where any fire has occurred and other buildings or premises near the same, and seize any evidence found as a result of such examination which in the opinion of the officer finding the same may be used in any criminal action which may result from such examination or otherwise, and retain it for a reasonable time or until it becomes an exhibit in the action.
165.55(10)
(10) The state fire marshal, deputy state fire marshals or chiefs of fire departments shall apply for and obtain special inspection warrants prior to the inspection or investigation of personal or real properties which are not public buildings or for the inspection of portions of public buildings which are not open to the public for the purpose of determining the cause, origin and circumstances of fires either upon showing that consent to entry for inspection purposes has been refused or upon showing that it is impractical to obtain the consent. The warrant may be in the form set forth in
s. 66.0119 (3). The definition of a public building under
s. 101.01 (12) applies to this subsection. No special inspection warrant is required:
165.55(10)(a)
(a) In cases of emergency when a compelling need for official action can be shown and there is no time to secure a warrant;
165.55(10)(b)
(b) For investigations which occur during or immediately after the fire fighting process; or
165.55(10)(c)
(c) For searches of public buildings which are open to the public.
165.55(10m)
(10m) Any investigation or inspection authorized under
sub. (10) shall be conducted by the state fire marshal, deputy state fire marshals or chiefs of fire departments or their designees.
165.55(11)
(11) All officers who perform any service at the request of the state fire marshal or the state fire marshal's subordinates shall receive fees determined by the state fire marshal and such fees shall be charged to the appropriation for the department of justice.
165.55(13)
(13) Any officer named in
subs. (1) and
(2) who neglects to comply with any of the requirements of this section shall be fined not less than $25 nor more than $200 for each neglect or violation.
165.55(14)
(14) The state fire marshal, any deputy fire marshal, any fire chief or his or her designee may require an insurer, including the state acting under
ch. 619, to furnish any information in its possession relating to a fire loss involving property with respect to which a policy of insurance issued or serviced by the insurer may apply. Any insurer, including the state, may furnish to the state fire marshal, any deputy fire marshal, any fire chief or designee information in its possession relating to a fire loss to which insurance issued by it may apply. In the absence of fraud or malice, no insurer furnishing information under this subsection, state fire marshal, deputy fire marshal, fire chief or designee, and no person acting on behalf of the insurer, state fire marshal, deputy fire marshal, fire chief or designee, shall be liable in any civil or criminal action on account of any statement made, material furnished or action taken in regard thereto. Information furnished by an insurer under this subsection shall be held in confidence by the state fire marshal, deputy fire marshal, fire chief or designee and all subordinates until release or publication is required pursuant to a civil or criminal proceeding. Information obtained by the state fire marshal, any deputy fire marshal, fire chief or designee during their investigations of fires determined to be the result of arson may be available to the insurer of the property involved.
165.55(15)
(15) The state fire marshal, any deputy fire marshal, any fire chief or his or her designee may obtain information relating to a juvenile from a law enforcement agency, a court assigned to exercise jurisdiction under
chs. 48 and
938 or an agency, as defined in
s. 938.78 (1), as provided in
ss. 938.396 (1x) and
(2) (j) and
938.78 (2) (b) 1. and may obtain information relating to a pupil from a public school as provided in
ss. 118.125 (2) (ch) and
(L) and
938.396 (1m) (d).
165.55 Annotation
The state fire marshall must establish proper discretionary reasons for exercising the privilege of secrecy under sub. (8). Black v. General Electric Co.
89 Wis. 2d 195,
278 N.W.2d 224 (Ct. App. 1979).
165.55 Annotation
Under Michigan v. Tyler, the warrantless search of an entire building on the morning after a localized fire was reasonable as it was the continuation of the prior night's investigation that had been interrupted by heat and nighttime circumstances. State v. Monosso,
103 Wis. 2d 368,
308 N.W.2d 891 (Ct. App. 1981).
165.55 Annotation
Arson investigations under subs. (9) and (10) are subject to search warrant requirements set forth in Michigan v. Tyler. Consent to search is discussed. 68 Atty. Gen. 225.
165.55 Annotation
A burning building clearly presents an exigency rendering a warrantless entry reasonable, and fire officials need no warrant to remain in a building for a reasonable time to investigate the cause of the fire after it is extinguished. Michigan v. Tyler,
436 U.S. 499 (1978)
165.60
165.60
Law enforcement. The department of justice is authorized to enforce
ss. 101.123 (2),
(5) and
(8),
944.30,
944.31,
944.33,
944.34,
945.02 (2),
945.03 and
945.04 and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.
165.70
165.70
Investigation of statewide crime. 165.70(1)
(1) The department of justice shall do all of the following:
165.70(1)(a)
(a) Investigate crime that is statewide in nature, importance or influence.
165.70(1)(b)
(b) Enforce
chs. 945 and
961 and
ss. 940.20 (3),
940.201,
941.25 to
941.27,
943.01 (2) (c),
943.011,
943.27,
943.28,
943.30,
944.30,
944.31,
944.32,
944.33,
944.34,
946.65,
947.02 (3) and
(4),
948.075, and
948.08.
165.70(1)(e)
(e) Investigate violations of
ch. 563 that are statewide in nature, importance or influence.
165.70(2)
(2) The attorney general shall appoint, under the classified service, investigative personnel to achieve the purposes set out in
sub. (1) who shall have the powers of a peace officer. As many as are deemed necessary of the investigators so appointed shall be trained in drugs and narcotics law enforcement, or shall receive such training within one year of their appointment, and they shall assist, when appropriate, local law enforcement agencies to help them meet their responsibilities in this area.
165.70(3)
(3) It is the intention of this section to give the attorney general responsibility for devising programs to control crime statewide in nature, importance or influence, drugs and narcotics abuse, commercial gambling, prostitution, and arson. Nothing herein shall deprive or relieve local peace officers of the power and duty to enforce those provisions enumerated in
sub. (1).
165.70(3m)
(3m) The attorney general shall establish a separate bureau in the division of criminal investigation in which all of the department's gaming law enforcement responsibilities under
chs. 562 to
569 and
945 shall be performed.
165.70(4)
(4) District attorneys, sheriffs and chiefs of police shall cooperate and assist the personnel of the department in the performance of their duties.
165.72
165.72
165.72 Dangerous weapons in public schools and controlled substances hotline and rewards for controlled substances tips. 165.72(2)
(2) Hotline. The department of justice shall maintain a single toll-free telephone number during normal retail business hours, as determined by departmental rule, for all of the following:
165.72(2)(a)
(a) For persons to anonymously provide tips regarding suspected controlled substances violations.
165.72(2)(b)
(b) For pharmacists to report suspected controlled substances violations.
165.72(2)(c)
(c) For persons to provide information anonymously regarding dangerous weapons in public schools.
165.72(2g)
(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.
165.72(2m)
(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:
165.72(2m)(b)
(b) The appropriate law enforcement agency, as defined in
s. 165.83 (1) (b), for the municipality in which the public school is located.
165.72(3)
(3) Reward payment program. The department shall administer a reward payment program. Under the program, the department may offer and pay rewards from the appropriation under
s. 20.455 (2) (e) for information under
sub. (2) (a) leading to the arrest and conviction of a person for a violation of
ch. 961.
165.72(4)
(4) Payment limitations. A reward under
sub. (3) may not exceed $1,000 for the arrest and conviction of any one person. The department may not make any reward payment to a law enforcement officer, jail officer, secure detention officer, pharmacist or department employee.
165.72(5)
(5) Department authority. If a reward is claimed, the department shall make the final determination regarding any payment. The department may pay portions of a reward to 2 or more persons. The payment of a reward is not subject to a contested case proceeding under
ch. 227. The offer of a reward under
sub. (3) does not create any liability on the department or the state.
165.72(6)
(6) Records. The department may withhold any record under this section from inspection or copying under
s. 19.35.
165.72(7)
(7) Publicity. 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.
165.75
165.75
Crime laboratories. 165.75(1)(a)
(a) "Department" means the department of justice.
165.75(1)(b)
(b) "Employee" means any person in the service of the laboratories. "Employee" does not include any division administrator.
165.75(1)(c)
(c) "Laboratories" means the crime laboratories.
165.75(2)
(2) The laboratories shall be located in the cities of Madison, Milwaukee and Wausau. The personnel of the laboratories shall consist of such employees as are authorized under
s. 20.922. The laboratory in the city of Milwaukee is named the William J. McCauley crime laboratory.
165.75(3)(a)(a) The purpose of the laboratories is to establish, maintain and operate crime laboratories to provide technical assistance to local law enforcement officers in the various fields of scientific investigation in the aid of law enforcement. Without limitation because of enumeration the laboratories shall maintain services and employ the necessary specialists, technical and scientific employees for the recognition and proper preservation, marking and scientific analysis of evidence material in the investigation and prosecution of crimes in such fields as firearms identification, the comparison and identification of toolmarks, chemistry, identification of questioned documents, metallurgy, comparative microscopy, instrumental detection of deception, the identification of fingerprints, toxicology, serology and forensic photography.
165.75(3)(b)
(b) The employees are not peace officers and have no power of arrest or to serve or execute criminal process. They shall not be appointed as deputy sheriffs and shall not be given police powers by appointment or election to any office. Employees shall not undertake investigation of criminal conduct except upon the request of a sheriff, coroner, medical examiner, district attorney, chief of police, warden or superintendent of any state prison, attorney general or governor. The head of any state agency may request investigations but in those cases the services shall be limited to the field of health, welfare and law enforcement responsibility which has by statute been vested in the particular state agency.
165.75(3)(c)
(c) Upon request under
par. (b), the laboratories shall collaborate fully in the complete investigation of criminal conduct within their competence in the forensic sciences including field investigation at the scene of the crime and for this purpose may equip a mobile unit or units.
165.75(3)(d)
(d) The services of the laboratories available to such officer shall include appearances in court as expert witnesses.
