AB150: Bill Text Engrossed

AB150-engrossed, s. 4370m Section 4370m. 146.59 of the statutes is created to read:

AB150-engrossed,1548,19 146.59 University of Wisconsin Hospitals and Clinics Board. Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), the University of Wisconsin Hospitals and Clinics board shall negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (4) and shall comply with s. 233.04 (4m).

AB150-engrossed, s. 4378 Section 4378. 146.89 (3) (d) 1. of the statutes is repealed.

AB150-engrossed, s. 4379 Section 4379. 146.89 (3) (d) 2. of the statutes is amended to read:

AB150-engrossed,1548,22 146.89 (3) (d) 2. Medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49.

AB150-engrossed, s. 4380 Section 4380. 146.89 (3) (d) 4. of the statutes is repealed.

AB150-engrossed, s. 4380m Section 4380m. 147.021 (9) of the statutes is created to read:

AB150-engrossed,1549,5 147.021 (9) Exemption for certain highway projects. Notwithstanding sub. (8), no requirement under this section relating to a discharge of storm water applicable to the construction, rehabilitation or improvement of any highway may be more stringent than required under federal law. In this subsection, "highway" has the meaning given in s. 340.01 (22).

AB150-engrossed, s. 4381 Section 4381. 147.21 (5) of the statutes is amended to read:

AB150-engrossed,1549,16 147.21 (5) In addition to all other civil and criminal penalties prescribed under this chapter, the court may assess as an additional penalty a portion or all of the total costs of the investigation, including monitoring, which led to the establishment of the violation. The court may award the department of justice the expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB150-engrossed, s. 4381g Section 4381g. 147.23 (1) of the statutes is amended to read:

AB150-engrossed,1549,24 147.23 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.29 or ch. 30, 31 or 144 relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

AB150-engrossed, s. 4382 Section 4382. 150.01 (6m) of the statutes is repealed.

AB150-engrossed, s. 4383 Section 4383. 150.01 (6r) of the statutes is repealed.

AB150-engrossed, s. 4384 Section 4384. 150.01 (12m) of the statutes is repealed.

AB150-engrossed, s. 4385 Section 4385. 150.01 (14) of the statutes is repealed.

AB150-engrossed, s. 4386 Section 4386. 150.10 of the statutes is repealed.

AB150-engrossed, s. 4387 Section 4387. 150.11 (5) of the statutes is amended to read:

AB150-engrossed,1550,9 150.11 (5) The department may reject the application for approval of a project operated by any person who has repeatedly been subject to the penalties specified in this section or may impose restrictions as part of its approval to ensure compliance with subchs. I, and II and III.

AB150-engrossed, s. 4387m Section 4387m. 150.31 (5m) of the statutes is created to read:

AB150-engrossed,1550,13 150.31 (5m) The department shall decrease the statewide bed limit specified in sub. (1) to account for any reduction in the approved bed capacity of the nursing home operated at the Wisconsin Veterans Home at King, as specified in s. 45.375 (2).

AB150-engrossed, s. 4388 Section 4388. Subchapter III of chapter 150 [precedes 150.61] of the statutes is repealed.

AB150-engrossed, s. 4391 Section 4391. 150.84 (2) of the statutes is amended to read:

AB150-engrossed,1550,22 150.84 (2) "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.

AB150-engrossed, s. 4391x Section 4391x. 150.93 (2) of the statutes is amended to read:

AB150-engrossed,1551,3 150.93 (2) Except as provided in sub. subs. (3) and (3m), before July 1, 1996, no person may obligate for a capital expenditure or implement services, by or on behalf of a hospital, to increase the approved bed capacity of a hospital unless the person has, prior to May 12, 1992, entered into a legally enforceable contract, promise or agreement with another to so obligate or implement.

AB150-engrossed, s. 4392 Section 4392. 150.93 (3) of the statutes is amended to read:

AB150-engrossed,1551,10 150.93 (3) A person may obligate for a capital expenditure, by or on behalf of a hospital, to renovate or replace on the same site existing approved beds of the hospital or to make new construction, if the renovation, replacement or new construction does not increase the approved bed capacity of the hospital , except that obligation for such a capital expenditure that exceeds $1,000,000 is subject to subch. III.

AB150-engrossed, s. 4392b Section 4392b. 150.93 (3m) of the statutes is created to read:

AB150-engrossed,1551,17 150.93 (3m) A person may obligate for a capital expenditure or implement services that increase the approved bed capacity of a hospital if the capital expenditure or services are necessitated by a transfer of beds from a public hospital that is operated by a county with a population of 500,000 or more to a private hospital and if the resulting combined total number of approved beds in the 2 hospitals does not increase.

AB150-engrossed, s. 4392bm Section 4392bm. 150.93 (5) of the statutes is created to read:

AB150-engrossed,1551,20 150.93 (5) This section does not apply to a hospital established under s. 45.375 (1).

AB150-engrossed, s. 4392c Section 4392c. 150.94 of the statutes is renumbered 150.94 (intro.) and amended to read:

AB150-engrossed,1551,24 150.94 (title) Definition Definitions. (intro.) In this subchapter, notwithstanding:

AB150-engrossed,1552,2 (1) Notwithstanding s. 150.01 (12), "hospital" has the meaning given in s. 50.33 (2).

AB150-engrossed, s. 4392d Section 4392d. 150.94 (2) of the statutes is created to read:

AB150-engrossed,1552,4 150.94 (2) "Inpatient facility" has the meaning given in s. 51.01 (10).

AB150-engrossed, s. 4392dg Section 4392dg. 150.95 of the statutes is renumbered 150.95 (1).

AB150-engrossed, s. 4392dm Section 4392dm. 150.95 (2) of the statutes is created to read:

AB150-engrossed,1552,8 150.95 (2) This section does not apply to a hospital established under s. 45.375 (1).

AB150-engrossed, s. 4392e Section 4392e. 150.951 of the statutes is created to read:

AB150-engrossed,1552,10 150.951 Exceptions. Section 150.95 does not apply to any of the following:

AB150-engrossed,1552,15 (a) A transfer of psychiatric or chemical dependency beds from a public hospital that is operated by a county with a population of 500,000 or more and that is not an inpatient facility to a private hospital or to a public hospital that is an inpatient facility, if the resulting combined total of licensed psychiatric or chemical dependency beds in the affected hospitals does not increase.

AB150-engrossed,1552,20 (b) A transfer of psychiatric or chemical dependency beds from a hospital to a private hospital in the same county that has an existing psychiatric or chemical dependency unit or to a public hospital that is operated by the same county, if the resulting combined total of licensed psychiatric or chemical dependency beds in the affected hospitals decreases from the number that is specified in s. 150.95.

AB150-engrossed, s. 4393 Section 4393. 153.05 (4m) of the statutes is repealed.

AB150-engrossed, s. 4394 Section 4394. 153.48 of the statutes is repealed.

AB150-engrossed, s. 4395 Section 4395. 155.01 (6) of the statutes is amended to read:

AB150-engrossed,1553,4 155.01 (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.

AB150-engrossed, s. 4396b Section 4396b. 157.062 (1) of the statutes is amended to read:

AB150-engrossed,1553,16 157.062 (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.

AB150-engrossed, s. 4397b Section 4397b. 157.062 (2) of the statutes is amended to read:

AB150-engrossed,1553,23 157.062 (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.

AB150-engrossed, s. 4398b Section 4398b. 157.062 (6) (b) of the statutes is amended to read:

AB150-engrossed,1554,15 157.062 (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.

AB150-engrossed, s. 4399b Section 4399b. 157.062 (6m) of the statutes is amended to read:

AB150-engrossed,1554,19 157.062 (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).

AB150-engrossed, s. 4400b Section 4400b. 157.062 (9) of the statutes is amended to read:

AB150-engrossed,1555,2 157.062 (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.

AB150-engrossed, s. 4401b Section 4401b. 157.064 (7) of the statutes is amended to read:

AB150-engrossed,1555,9 157.064 (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.

AB150-engrossed, s. 4402 Section 4402. 157.12 (1) of the statutes is amended to read:

AB150-engrossed,1555,13 157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section, "department" means the department of industry, labor and human relations development.

AB150-engrossed, s. 4403b Section 4403b. 157.62 (1) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,1555,20 157.62 (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:

AB150-engrossed, s. 4404b Section 4404b. 157.62 (1) (c) of the statutes is amended to read:

AB150-engrossed,1556,2 157.62 (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.

AB150-engrossed, s. 4405 Section 4405. 157.65 (1) (b) of the statutes is amended to read:

AB150-engrossed,1556,8 157.65 (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.

AB150-engrossed, s. 4406 Section 4406. 157.65 (2) of the statutes is amended to read:

AB150-engrossed,1556,20 157.65 (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.

AB150-engrossed, s. 4406x Section 4406x. 159.03 (1) (d) of the statutes is created to read:

AB150-engrossed,1556,23 159.03 (1) (d) Coordinate its recycling market development activities with the recycling market development board.

AB150-engrossed, s. 4407b Section 4407b. 159.03 (3) of the statutes is repealed.

AB150-engrossed, s. 4408m Section 4408m. 159.07 (3) (j) of the statutes is amended to read:

AB150-engrossed,1557,1 159.07 (3) (j) A waste tire, as defined in s. 84.078 (1) (b) 144.449 (1) (c).

AB150-engrossed, s. 4410m Section 4410m. 159.17 (1) (d) of the statutes is amended to read:

AB150-engrossed,1557,4 159.17 (1) (d) "Waste tire" has the meaning given under s. 84.078 (1) (b) 144.449 (1) (c).

AB150-engrossed, s. 4415c Section 4415c. 159.17 of the statutes is repealed.

AB150-engrossed, s. 4428s Section 4428s. 159.23 (5) (b) of the statutes is created to read:

AB150-engrossed,1557,9 159.23 (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.

AB150-engrossed, s. 4429 Section 4429. 159.23 (5m) of the statutes is amended to read:

AB150-engrossed,1557,13 159.23 (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).

AB150-engrossed, s. 4430 Section 4430. 159.23 (5s) (a) of the statutes is amended to read:

AB150-engrossed,1557,17 159.23 (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.

AB150-engrossed, s. 4431 Section 4431. 159.25 (5) (a) of the statutes is amended to read:

AB150-engrossed,1557,21 159.25 (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).

AB150-engrossed, s. 4432d Section 4432d. 159.40 (4) of the statutes is created to read:

AB150-engrossed,1557,24 159.40 (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.

AB150-engrossed, s. 4432f Section 4432f. 159.41 of the statutes is created to read: