165.40(3)
(3) Application review by the attorney general, the office and the department; procedures. 165.40(3)(a)(a) An application for review by the attorney general, the office and the department that is required under
sub. (2) shall, at the time the offer to purchase or lease is made, be submitted to the attorney general, to the office and to the department on a form that is provided by the attorney general. The application shall include all of the following:
165.40(3)(a)2.
2. The name of the purchaser or lessee and, if applicable, other parties to the acquisition.
165.40(3)(a)6.
6. A financial and economic analysis and report by an independent expert or consultant of the effect of the acquisition under the standards specified in
sub. (4).
165.40(3)(b)
(b) An application and all documents related to the application, as specified in
par. (a), are public records for the purposes of
subch. II of ch. 19.
165.40(3)(c)1.1. Within 5 working days after receipt of a completed application under
par. (a), the attorney general shall do all of the following:
165.40(3)(c)1.a.
a. Have notice of the application published as a class 2 notice, under
ch. 985, in a newspaper having general circulation in the community or communities in which the hospital or system of hospitals to be sold or leased is located.
165.40(3)(c)1.b.
b. Notify by 1st class mail any person who has requested that the attorney general provide notice of the filing of hospital acquisition review applications.
165.40(3)(c)2.
2. Notice or a notification under
subd. 1. shall state all of the following:
165.40(3)(c)2.a.
a. That a hospital acquisition review application has been received.
165.40(3)(c)2.c.
c. The contents of the hospital acquisition review application.
165.40(3)(c)2.d.
d. The date by which a person may submit written comments about the hospital acquisition review application to the attorney general.
165.40(3)(c)2.e.
e. That a public meeting will be held on the acquisition proposed by the application, the time and location of the meeting and the fact that any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting.
165.40(3)(d)
(d) Not later than 30 days after receipt of a completed application under
sub. (2) (a), or as soon as practicable but not more than 120 days after receipt of a completed application under
sub. (2) (b), and after giving 10 working days' notice, the attorney general shall hold a public meeting at a location that, at a minimum, is in the community served by the hospital, on the acquisition proposed by the application. If the proposed acquisition is for a system of hospitals, a public meeting shall be held in each community served by the system. Any person may file written comments or exhibits for the meeting or may appear and make a statement at the meeting.
165.40(3)(e)
(e) The attorney general shall establish and maintain a summary of written and oral comments made for or at the public meeting, including all questions posed, and shall require answers of the appropriate parties. The attorney general shall in an expeditious manner provide the office and the department with a copy of the summary and answers. The summary and answers shall be filed in the office of the attorney general and in the public library of the public library system for the community served by the hospital and a copy shall be available upon request to the attorney general.
165.40(3)(f)
(f) The attorney general may subpoena additional information or witnesses, require and administer oaths, require sworn statements, take depositions and use related discovery procedures for purposes of the meeting under
par. (d) and otherwise during performance of a review under this subsection. The attorney general shall in an expeditious manner provide the office and the department with copies of any information obtained by the attorney general under this paragraph.
165.40(3)(g)
(g) The attorney general shall provide the office and the department with any information about the application that is in addition to that which the attorney general has previously provided the office and the department. Within 60 days after receipt of a completed application under
sub. (2) (a) or as soon as practicable but not more than 150 days after receipt of a completed application under
sub. (2) (b), the attorney general, the office and the department shall each independently review the application in accordance with the standards specified in
sub. (4) and shall approve or disapprove the application. The attorney general, the office and the department may not make a decision under this paragraph based on any condition that is not directly related to the standards under
sub. (4). The attorney general, the office and the department shall jointly agree on a single release date for the decisions each has made under this paragraph and shall release their decisions on that date.
165.40(3)(h)
(h) If the attorney general, the office or the department disapproves an application under
par. (g), any of the following may bring an action in circuit court for a declaratory judgment under
s. 806.04 as to whether the proposed acquisition meets the standards under
sub. (4):
165.40(3)(h)2.
2. Any person who submitted comments under
par. (d) and who has a legal interest in a hospital for which acquisition is proposed or in another hospital that has contracted for the provision of essential health services with the hospital for which acquisition is proposed.
165.40(4)
(4) Application review by the attorney general, the office and the department; standards. The attorney general shall approve an application if he or she finds and the office and the department shall approve an application if the office or the department finds that the following standards are met:
165.40(4)(a)
(a) That the acquisition is permitted under
ch. 181 or any other statute that governs nonprofit entities.
165.40(4)(b)
(b) That the hospital exercised due diligence in deciding to sell or lease, selecting the purchaser or lessee and negotiating the terms and conditions of the sale or lease.
165.40(4)(c)
(c) That the procedure used by the seller or lessor in making its decision to sell or lease was adequate, including whether the seller or lessor used appropriate expert assistance. The attorney general may employ, at the purchaser's or lessee's expense, reasonably necessary expert assistance in considering evidence under this paragraph.
165.40(4)(d)
(d) That conflict of interest was disclosed, including conflicts of interest related to members of the board of directors of, executives of or experts retained by the seller or lessor, the purchaser or lessee or other parties to the acquisition.
165.40(4)(e)
(e) That charitable funds are not placed at unreasonable risk, if the acquisition is a sale that is financed in part by the seller.
165.40(4)(f)
(f) That any management contract under the acquisition is for reasonably fair value.
165.40(4)(g)
(g) That the sale or rental proceeds will be used for appropriate charitable health care purposes, including health promotion, in the community affected by the acquisition and that the proceeds will be controlled as charitable funds independently of the purchaser or parties to the acquisition.
165.40(4)(h)
(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 or by the University of Wisconsin Hospitals and Clinics Authority if the hospital is subsequently sold to, acquired by or merged with another entity.
165.40(5)
(5) Exemptions. The acquisition, by one of the following, of a hospital or system of hospitals owned by a nonprofit corporation is exempt from the application of this section:
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.
165.50
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 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),
(2m), and
(8),
175.60 (17) (e),
944.30 (1m),
944.31,
944.33,
944.34,
945.02 (2),
945.03 (1m), and
945.04 (1m) and
ch. 108 and, with respect to a false statement submitted or made under
s. 175.60 (7) (b) or
(15) (b) 2. or as described under
s. 175.60 (17) (c), to enforce
s. 946.32 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.
165.63
165.63
Access to firearm prohibition orders. 165.63(1)
(1)
Definition. In this section, "department" means the department of justice.
165.63(2)
(2) Department to provide information upon request. Upon a request under
sub. (3) or
(4), the department shall provide to the person making the request information regarding any of the following:
165.63(2m)
(2m) Process; data confidentiality. The department, when providing information under
sub. (2), may use the transaction information for the management of enforcement system or another method approved by the department to process requests and responses in a secure manner to ensure confidentiality of the data.
165.63(3)
(3) Requests for injunctions. In making a determination required under
s. 813.1285 (7) (a), a judge or court commissioner shall request information under
sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in
sub. (4) (d).
