AB150-engrossed,1543,7
6(3) Provision of funding under sub. (2) or (2m) is not evidence of liability or an
7admission of liability for any environmental contamination.
AB150-engrossed,1543,10
8(4) In carrying out its regulatory and enforcement duties, the department may
9not base its treatment of a person on whether the person did or did not provide
10funding under sub. (2).
AB150-engrossed,1544,2
12144.98 Enforcement; duty of department of justice; expenses. The
13attorney general shall enforce this chapter, except ss. 144.421 and 144.422, and all
14rules, special orders, licenses, plan approvals and permits of the department, except
15those promulgated or issued under ss. 144.421 and 144.422. The circuit court for
16Dane county or for any other county where a violation occurred in whole or in part
17has jurisdiction to enforce this chapter or the rule, special order, license, plan
18approval or permit by injunctional and other relief appropriate for enforcement. For
19purposes of this proceeding where this chapter or the rule, special order, license, plan
20approval or permit prohibits in whole or in part any pollution, a violation is deemed
21a public nuisance.
The expenses incurred by the department of justice in assisting
22with the administration of this chapter shall be charged to the appropriation made
23by s. 20.370 (2) (ma) The department of natural resources may enter into agreements
24with the department of justice to assist with the administration of this chapter. Any
1funds paid to the department of justice under these agreements shall be credited to
2the appropriation account under s. 20.455 (1) (k).
AB150-engrossed,1544,4
4144.99 (title)
Penalties and remedies.
AB150-engrossed,1544,147
144.99
(2) In addition to the penalties provided under sub. (1), the court may
8award the department of justice the expenses of the investigation and prosecution
9of the violation, including attorney fees. The department of justice shall deposit in
10the state treasury for deposit into the general fund all moneys that the court awards
11to the department or the state under this subsection. Ten percent of the money
12deposited in the general fund that was awarded under this subsection for the costs
13of investigation and the expenses of prosecution, including attorney fees, shall be
14credited to the appropriation account under s. 20.455 (1) (gh).
AB150-engrossed,1544,1716
145.01
(4) Department. "Department" means the department of
industry, labor
17and human relations development.
AB150-engrossed,1544,2419
145.02
(4) (a) The department shall prescribe rules as to the qualifications,
20examination and licensing of master and journeyman plumbers and restricted
21plumber licensees, for the licensing of utility contractors, for the registration of
22plumbing apprentices and pipe layers and for the registration and training of
23registered learners. The plumbers council, created under s.
15.227 (15) 15.157 (6),
24shall advise the department in formulating the rules.
AB150-engrossed,1545,6
1145.17
(2) The department shall prescribe rules as to the qualifications,
2examination and licensing of journeymen automatic fire sprinkler system fitters and
3automatic fire sprinkler contractors and for the registration and training of
4automatic fire sprinkler system apprentices. The automatic fire sprinkler system
5contractors and journeymen council, created under
s. 15.227 (16) 15.157 (9), shall
6advise the department in formulating the rules.
AB150-engrossed,1545,118
145.245
(1) (dm) "Sewage" means the water-carried wastes created in and to
9be conducted away from residences, industrial establishments, and public buildings
10as defined in s. 101.01
(2) (12), with such surface water or groundwater as may be
11present.
AB150-engrossed,1546,313
145.245
(3) Maintenance. The department shall establish a maintenance
14program to be administered by governmental units. The maintenance program is
15applicable to all new or replacement private sewage systems constructed in a
16governmental unit after the date on which the governmental unit adopts this
17program. The maintenance program shall include a requirement of inspection or
18pumping of the private sewage system at least once every 3 years. Inspections may
19be conducted by a master plumber, journeyman plumber or restricted plumber
20licensed under this chapter, a person licensed under s. 146.20 or by an employe of the
21state or governmental unit designated by the department. The department of
22natural resources may suspend or revoke a license issued under s. 146.20 or a
23certificate issued under s. 144.025 (2) (L) to the operator of a septage servicing vehicle
24if the department of natural resources finds that the licensee or operator falsified
25information on inspection forms. The department of
industry, labor and human
1relations development may suspend or revoke the license of a plumber licensed
2under this chapter if the department finds that the plumber falsified information on
3inspection forms.
AB150-engrossed,1546,105
145.245
(5m) (b) The department shall notify a governmental unit if it receives
6a certification under s.
46.255 73.255 (7) that an individual is delinquent in child
7support or maintenance payments. The department or a governmental unit shall
8deny an application under this section if the department receives a certification
9under s.
46.255 73.255 (7) that the applicant or an individual who would be directly
10benefited by the grant is delinquent in child support or maintenance payments.
AB150-engrossed,1546,1812
146.20
(3) (b)
Expiration date of license.
All licenses issued under this section
13for a period beginning before July 1, 1997, are for one year. All licenses issued under
14this section for a period beginning after June 30, 1997, are for 2 years. All licenses
15issued under this section
are for one year, expire on June 30
or December 31 and are
16not transferable. Application for renewal shall be filed on or before
July 1 or January
171 June 1 and if filed after that date a penalty shall be charged. The department shall
18promulgate a rule setting the amount of the penalty for late filing.
AB150-engrossed,1546,2321
146.20
(4s) (a) 1. For a license under sub. (3) (a)
for to a state resident,
$25 for
22each vehicle used for servicing
, $25 if the license period begins before July 1, 1997,
23and $50 if the license period begins after June 30, 1997.
AB150-engrossed,1547,3
1146.20
(4s) (a) 2. For a license under sub. (3) (a)
for to a nonresident
licensee,
2$50, for each vehicle used for servicing
, $50 if the license period begins before July
31, 1997, and $100 if the license period begins after June 30, 1997.
AB150-engrossed,1547,95
146.20
(4s) (d) In addition to the license fee under par. (a) 1. or 2., the
6department shall collect
from each licensee a groundwater fee of $50
per licensee if
7the license period begins before July 1, 1997, and $100 if the license period begins
8after June 30, 1997. The moneys collected under this paragraph shall be credited to
9the environmental fund for groundwater management.
AB150-engrossed,1547,1812
146.40
(5) (a) The department, in consultation with the technical college
13system board, shall promulgate rules specifying standards for certification in this
14state of instructional and competency evaluation programs for nurse's assistants,
15home health aides and hospice aides. The standards shall include specialized
16training in providing care to individuals with special needs.
The department shall
17promulgate rules regarding this specialized training in consultation with a private
18nonprofit organization awarded a grant under s. 46.855.
AB150-engrossed,1548,5
20146.57 (title)
Statewide poison control
system program. (3) (title)
21Regional poison control centers. (a)
By July 1, 1994, the The department
shall
22designate no more than 2 regional poison control centers and shall implement
any
23other aspects of a statewide poison control
system
program. From the appropriation
24under s. 20.435 (1) (ds), the department shall, if the requirement under par. (b) is
25met, distribute
, for fiscal year 1994-95, total funding of not more than $187,500
to
1each regional poison control center that is so designated
in each fiscal year to
2supplement the operation of the
centers program and to provide for the statewide
3collection and reporting of poison control data
by the centers. The department may,
4but need not, distribute all of the funds in each fiscal year to a single poison control
5center.
AB150-engrossed,1548,106
(b) No
regional poison control center may
be funded receive funds under par.
7(a) unless
there is a matching contribution from the regional the poison control
8center
provides a matching contribution of at least 50% of the state funding for the
9center. Private funds and in-kind contributions may be used to meet this
10requirement.
AB150-engrossed,1548,13
11(4) Rule making. The department shall promulgate rules that specify the
12information that shall be reported to the department
by regional under the statewide 13poison control
centers program.
AB150-engrossed,1548,19
15146.59 University of Wisconsin Hospitals and Clinics Board. Subject to
161995 Wisconsin Act .... (this act), section 9159 (2) (k), the University of Wisconsin
17Hospitals and Clinics board shall negotiate and enter into a contractual services
18agreement with the University of Wisconsin Hospitals and Clinics Authority that
19meets the requirements under s. 233.04 (4) and shall comply with s. 233.04 (4m).
AB150-engrossed,1548,2222
146.89
(3) (d) 2. Medical assistance under
ss. 49.45 to 49.47 subch. IV of ch. 49.
AB150-engrossed,1549,5
1147.021
(9) Exemption for certain highway projects. Notwithstanding sub.
2(8), no requirement under this section relating to a discharge of storm water
3applicable to the construction, rehabilitation or improvement of any highway may
4be more stringent than required under federal law. In this subsection, "highway" has
5the meaning given in s. 340.01 (22).
AB150-engrossed,1549,167
147.21
(5) In addition to all other civil and criminal penalties prescribed under
8this chapter, the court may assess as an additional penalty a portion or all of the
total 9costs of the investigation, including monitoring, which led to the establishment of the
10violation.
The court may award the department of justice the expenses of the
11prosecution, including attorney fees. The department of justice shall deposit in the
12state treasury for deposit into the general fund all moneys that the court awards to
13the department or the state under this subsection. Ten percent of the money
14deposited in the general fund that was awarded under this subsection for the costs
15of investigation and the expenses of prosecution, including attorney fees, shall be
16credited to the appropriation account under s. 20.455 (1) (gh).
AB150-engrossed,1549,2418
147.23
(1) Department may recover costs. In an action against any person who
19violates this chapter or any provision of s. 29.29 or ch. 30, 31 or 144 relating to water
20quality the department may recover the cost of removing, terminating or remedying
21the adverse effects upon the water environment resulting from the unlawful
22discharge or deposit of pollutants into the waters of the state, including the cost of
23replacing fish or other wildlife destroyed by the discharge or deposit.
All moneys
24recovered under this section shall be deposited into the environmental fund.
AB150-engrossed,1550,96
150.11
(5) The department may reject the application for approval of a project
7operated by any person who has repeatedly been subject to the penalties specified in
8this section or may impose restrictions as part of its approval to ensure compliance
9with subchs. I
, and II
and III.
AB150-engrossed,1550,1311
150.31
(5m) The department shall decrease the statewide bed limit specified
12in sub. (1) to account for any reduction in the approved bed capacity of the nursing
13home operated at the Wisconsin Veterans Home at King, as specified in s. 45.375 (2).
AB150-engrossed,1550,2217
150.84
(2) "Health care facility" means a facility, as defined in s. 647.01 (4), or
18any hospital, nursing home, community-based residential facility, county home,
19county infirmary, county hospital, county mental health center, tuberculosis
20sanatorium or other place licensed or approved by the department under s.
49.14,
2149.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073
22or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or ch. 142.
AB150-engrossed,1551,324
150.93
(2) Except as provided in
sub.
subs. (3)
and (3m), before July 1, 1996,
25no person may obligate for a capital expenditure or implement services, by or on
1behalf of a hospital, to increase the approved bed capacity of a hospital unless the
2person has, prior to May 12, 1992, entered into a legally enforceable contract,
3promise or agreement with another to so obligate or implement.
AB150-engrossed,1551,105
150.93
(3) A person may obligate for a capital expenditure, by or on behalf of
6a hospital, to renovate or replace on the same site existing approved beds of the
7hospital or to make new construction, if the renovation, replacement or new
8construction does not increase the approved bed capacity of the hospital
, except that
9obligation for such a capital expenditure that exceeds $1,000,000 is subject to subch.
10III.
AB150-engrossed,1551,1712
150.93
(3m) A person may obligate for a capital expenditure or implement
13services that increase the approved bed capacity of a hospital if the capital
14expenditure or services are necessitated by a transfer of beds from a public hospital
15that is operated by a county with a population of 500,000 or more to a private hospital
16and if the resulting combined total number of approved beds in the 2 hospitals does
17not increase.
AB150-engrossed,1551,2019
150.93
(5) This section does not apply to a hospital established under s. 45.375
20(1).
AB150-engrossed,1551,24
23150.94 (title)
Definition
Definitions. (intro.) In this subchapter
,
24notwithstanding:
AB150-engrossed,1552,2
1(1) Notwithstanding s. 150.01 (12), "hospital" has the meaning given in s. 50.33
2(2).
AB150-engrossed,1552,44
150.94
(2) "Inpatient facility" has the meaning given in s. 51.01 (10).
AB150-engrossed,1552,87
150.95
(2) This section does not apply to a hospital established under s. 45.375
8(1).
AB150-engrossed,1552,10
10150.951 Exceptions. Section 150.95 does not apply to any of the following:
AB150-engrossed,1552,1511
(a) A transfer of psychiatric or chemical dependency beds from a public hospital
12that is operated by a county with a population of 500,000 or more and that is not an
13inpatient facility to a private hospital or to a public hospital that is an inpatient
14facility, if the resulting combined total of licensed psychiatric or chemical
15dependency beds in the affected hospitals does not increase.
AB150-engrossed,1552,2016
(b) A transfer of psychiatric or chemical dependency beds from a hospital to a
17private hospital in the same county that has an existing psychiatric or chemical
18dependency unit or to a public hospital that is operated by the same county, if the
19resulting combined total of licensed psychiatric or chemical dependency beds in the
20affected hospitals decreases from the number that is specified in s. 150.95.
AB150-engrossed,1553,424
155.01
(6) "Health care facility" means a facility, as defined in s. 647.01 (4), or
25any hospital, nursing home, community-based residential facility, county home,
1county infirmary, county hospital, county mental health center, tuberculosis
2sanatorium or other place licensed or approved by the department under s.
49.14,
349.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073
4or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or ch. 142.
AB150-engrossed,1553,166
157.062
(1) Organization. Seven or more residents of the same county may
7form a cemetery association. They shall meet, select a chairperson and secretary,
8choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor
9more than 9 trustees whom the chairperson and secretary shall immediately divide
10by lot into 3 classes, who shall hold their offices for 1, 2 and 3 years, respectively.
11Within 3 days, the chairperson and secretary shall certify the corporate name, the
12names, home addresses and business addresses of the organizers and of the trustees,
13and their classification, and the annual meeting date acknowledged by them, and,
14except as provided in sub. (9), deliver the certification to the
secretary of state 15department of financial institutions. The association then has the powers of a
16corporation.
AB150-engrossed,1553,2318
157.062
(2) Amendments. The association may change its name, the number
19of trustees or the annual meeting date by resolution at an annual meeting, or special
20meeting called for such purpose, by a majority vote of the members present, and,
21except as provided in sub. (9), by delivering to the
secretary of state department of
22financial institutions a copy of the resolution, with the date of adoption, certified by
23the president and secretary or corresponding officers.