1995 Wisconsin Act 27

27,4395 Section 4395 . 155.01 (6) of the statutes is amended to read:

155.01 (6) “Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or ch. 142.

27,4396b Section 4396b. 157.062 (1) of the statutes is amended to read:

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 secretary of state department of financial institutions. The association then has the powers of a corporation.

27,4397b Section 4397b. 157.062 (2) of the statutes is amended to read:

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 secretary of state department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

27,4398b Section 4398b. 157.062 (6) (b) of the statutes is amended to read:

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 secretary of state 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.

27,4399b Section 4399b. 157.062 (6m) of the statutes is amended to read:

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

27,4400b Section 4400b. 157.062 (9) of the statutes is amended to read:

157.062 (9) Exemptions for certain nonprofit cemeteries. In lieu of delivering a certification, resolution or copy of proceedings to the secretary of state department of financial institutions under sub. (1), (2) or (6) (b), a cemetery association that is not required to be registered under s. 440.91 (1) and that is not organized or conducted for pecuniary profit 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.

27,4401b Section 4401b. 157.064 (7) of the statutes is amended to read:

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

27,4402 Section 4402 . 157.12 (1) of the statutes is amended to read:

157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section, “department" means the department of industry, labor and human relations development.

27,4403b Section 4403b. 157.62 (1) (a) (intro.) of the statutes is amended to read:

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 secretary of state department of financial institutions. The report shall be made on a calendar-year basis unless the secretary of state 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:

27,4404b Section 4404b. 157.62 (1) (c) of the statutes is amended to read:

157.62 (1) (c) The secretary of state department of financial institutions may prescribe and furnish forms for reports required under this subsection. If the secretary of state department of financial institutions prescribes forms under this paragraph, he or she 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.

27,4405 Section 4405 . 157.65 (1) (b) of the statutes is amended to read:

157.65 (1) (b) If the department of industry, labor and human relations development 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 industry, labor and human relations development may investigate.

27,4406 Section 4406 . 157.65 (2) of the statutes is amended to read:

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 department of regulation and licensing or the department of industry, labor and human relations development to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.

27,4406x Section 4406x. 159.03 (1) (d) of the statutes is created to read:

159.03 (1) (d) Coordinate its recycling market development activities with the recycling market development board.

27,4407b Section 4407b. 159.03 (3) of the statutes is repealed.

27,4408m Section 4408m. 159.07 (3) (j) of the statutes is amended to read:

159.07 (3) (j) A waste tire, as defined in s. 84.078 (1) (b) 144.449 (1) (c).

27,4415c Section 4415c. 159.17 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.

27,4415d Section 4415d. 159.17 (1) (d) of the statutes is amended to read:

159.17 (1) (d) “Waste tire" has the meaning given under s. 84.078 (1) (b) 144.449 (1) (c).

27,4428s Section 4428s. 159.23 (5) (b) of the statutes is created to read:

159.23 (5) (b) Beginning with grants for 1996, for a unit of government other than a county that is the responsible unit for at least 75% of the population of a county, $100,000 or the amount determined under par. (c), whichever is greater.

27,4429 Section 4429 . 159.23 (5m) of the statutes is amended to read:

159.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (4) (cw) (6) (bq).

27,4430 Section 4430 . 159.23 (5s) (a) of the statutes is amended to read:

159.23 (5s) (a) Beginning with grants for 1994, the department shall annually allocate 10% of the funds appropriated under s. 20.370 (4) (cw) (6) (bq) for supplemental grants under this subsection.

27,4431 Section 4431 . 159.25 (5) (a) of the statutes is amended to read:

159.25 (5) (a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under s. 20.370 (4) (ct) (6) (br).

27,4432d Section 4432d. 159.40 (4) of the statutes is created to read:

159.40 (4) “Waste generator" means a person who generates solid waste that contains a material specified by the board under s. 159.42 (5) or a responsible unit.

27,4432f Section 4432f. 159.41 of the statutes is created to read:

159.41 Strategic plan. (1) The board shall prepare a strategic plan to guide the development and implementation of the board's powers and duties. The board shall consult with the department of natural resources, the department of development, the University of Wisconsin-Extension and other interested persons in the development of the plan. The plan shall include all of the following components:

(a) Identification of priority recovered materials that will be the focus of market development efforts by the board.

(b) For each priority recovered material identified under par. (a), identification of one or more appropriate, measurable goals for the board's market development efforts and identification of the technical and financial assistance and research, demonstration, education, marketing and policy development necessary to achieve the goal.

(2) The board shall review the strategic plan at least annually and shall revise the plan as it determines is appropriate.

(3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, financial assistance and other activities conform to the strategic plan.

27,4432h Section 4432h. 159.42 (1) (intro.) of the statutes is amended to read:

159.42 (1) (intro.) Promote the development of sustainable, high-value markets for recovered materials on behalf of, and in cooperation with, waste generators and promote the orderly and efficient marketing of recovered materials by responsible units waste generators to do all of the following:

27,4432j Section 4432j. 159.42 (2) (e) of the statutes is amended to read:

159.42 (2) (e) Address other common problems faced by responsible units waste generators in marketing these recovered materials.

27,4432m Section 4432m. 159.42 (2e) of the statutes is created to read:

159.42 (2e) Educate waste generators on their role and responsibility in the development of markets for recovered materials and the marketing of recovered materials, in cooperation with business entities, and on the value of cooperative marketing and market development efforts among waste generators.

27,4432p Section 4432p. 159.42 (2m) of the statutes is created to read:

159.42 (2m) Provide information about the board's activities to waste generators; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support to those business entities; and the general public.

27,4432r Section 4432r. 159.42 (2s) of the statutes is created to read:

159.42 (2s) Contract with the University of Wisconsin-Extension for administrative staff services, including support in recruiting program staff.

27,4432t Section 4432t. 159.42 (4) of the statutes is renumbered 159.49 and amended to read:

159.49 (title) Study of future of board. Conduct The University of Wisconsin-Extension shall conduct a study of the feasibility and desirability of transferring the powers and duties of the board to a business entity and, no. The University of Wisconsin-Extension shall consult with the department of natural resources, the department of development, the board and other interested parties in conducting the study. The University of Wisconsin-Extension shall, no later than May 30 October 1, 1996, submit a report on the results of the study to the governor, and to the legislature under s. 13.172 (2). If the report concludes that the board should continue to exist and that its powers and duties should not be transferred to a business entity, the report shall recommend to which agency the board should be attached.

27,4434g Section 4434g. 159.44 (4) of the statutes is amended to read:

159.44 (4) Establish In cooperation with the University of Wisconsin-Extension, establish appropriate technical assistance and educational programs for responsible units and other waste generators; governmental entities; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support services to those business entities; and the general public.

27,4434r Section 4434r. 159.46 (1) of the statutes is amended to read:

159.46 (1) The board may provide financial assistance, directly or in cooperation with another person, to a governmental entity or a business entity to assist responsible units waste generators in the marketing of recovered materials or to develop markets for recovered materials. Forms of financial assistance provided by the board, and by a recipient of financial assistance from the board, may include grants, loans and manufacturing rebates.

27,4435 Section 4435 . 159.46 (3) of the statutes is amended to read:

159.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board. The board shall credit any funds received under this subsection to the appropriation under s. 20.505 (4) 20.285 (1) (L).

27,4435d Section 4435d. 159.46 (3) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

159.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board. The board shall credit any funds received under this subsection to the appropriation under s. 20.285 20.143 (1) (L).

27,4436 Section 4436 . 159.46 (4) of the statutes is amended to read:

159.46 (4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.505 (4) (t) 20.285 (1) (t) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

27,4436d Section 4436d. 159.46 (4) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

159.46 (4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.285 (1) (t) 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units and other local units of government.

27,4437b Section 4437b. 159.48 (title) of the statutes is amended to read:

159.48 (title) Executive director and other staff for the board.

27,4438b Section 4438b. 159.48 (1) of the statutes is renumbered 159.48.

27,4439 Section 4439 . 159.48 (2) of the statutes is repealed.

27,4440b Section 4440b. 159.48 (3) of the statutes is repealed.

27,4441 Section 4441 . 160.01 (7) of the statutes is amended to read:

160.01 (7) “Regulatory agency" means the department of agriculture, trade and consumer protection, the department of industry, labor and human relations development, the department of transportation, the department of natural resources and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.

27,4441c Section 4441c. 160.255 of the statutes is created to read:

160.255 Exceptions for private sewage systems. (1) In this section, “private sewage system" has the meaning given in s. 145.01 (12).

(2) Notwithstanding s. 160.19 (1), (2) and (4) (b), a regulatory agency is not required to promulgate or amend rules that define design or management criteria for private sewage systems to minimize the amount of nitrate in groundwater or to maintain compliance with the preventive action limit for nitrate.

(3) Notwithstanding s. 160.19 (3), a regulatory agency may promulgate rules that define design or management criteria for private sewage systems that permit the enforcement standard for nitrate to be attained or exceeded at the point of standards application.

(4) Notwithstanding s. 160.21, a regulatory agency is not required to promulgate rules that set forth responses that the agency may take, or require to be taken, when the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.

(5) Notwithstanding ss. 160.23 and 160.25, a regulatory agency is not required to take any responses for a specific site at which the preventive action limit or enforcement standard for nitrate is attained or exceeded at the point of standards application if the source of the nitrate is a private sewage system.

27,4442 Section 4442 . 161.455 (1) of the statutes is amended to read:

161.455 (1) Any person who has attained the age of 18 17 years who knowingly solicits, hires, directs, employs or uses a person who has not attained the age of 18 years is 17 years of age or under for the purpose of violating s. 161.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 years or both.

27,4443 Section 4443 . 161.46 (1) of the statutes is amended to read:

161.46 (1) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing a controlled substance listed in schedule I or II which is a narcotic drug to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (a), or both.