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.
AB150-engrossed,1554,15
1157.062
(6) (b) If an association that has been dissolved under par. (a), or any
2group that was never properly organized as a cemetery association, has cemetery
3grounds and human remains are buried in the cemetery grounds, 5 or more
4members, or persons interested as determined by order of the circuit judge under par.
5(c), may publish a class 3 notice, under ch. 985, in the municipality in which the
6cemetery is located, of the time, place and object of the meeting, assemble and
7reorganize by the election of trustees and divide them into classes as provided in sub.
8(1), the commencement of the terms to be computed from the next annual meeting
9date. The secretary shall enter the proceedings of the meeting on the records. The
10association is reorganized upon delivery of a copy of the proceedings to the
secretary
11of state department of financial institutions, except as provided in sub. (9). Upon
12reorganization, the title to the cemetery grounds, trust funds and all other property
13of the association or group vests in the reorganized association, under the control of
14the trustees. The reorganized association may continue the name of the dissolved
15association or may adopt a new name.
AB150-engrossed,1554,1917
157.062
(6m) Forms. The
secretary of state department of financial
18institutions may prescribe and furnish forms for providing the information required
19under subs. (1) to (6).
AB150-engrossed,1555,221
157.062
(9) Exemptions for certain nonprofit cemeteries. In lieu of
22delivering a certification, resolution or copy of proceedings to the
secretary of state 23department of financial institutions under sub. (1), (2) or (6) (b), a cemetery
24association that is not required to be registered under s. 440.91 (1) and that is not
25organized or conducted for pecuniary profit shall deliver the certification, resolution
1or copy of proceedings to the office of the register of deeds of the county in which the
2cemetery is located.
AB150-engrossed,1555,94
157.064
(7) Not more than 30 days after a transfer under sub. (6), the
5transferring association shall notify the
secretary of state department of financial
6institutions in writing of the transfer, including the name and address of the
7accepting association or its treasurer. The
secretary of state department of financial
8institutions may prescribe and furnish forms for providing the information required
9under this subsection.
AB150-engrossed,1555,1311
157.12
(1) Definition. Notwithstanding s. 157.061 (5), in this section,
12"department" means the department of
industry, labor and human relations 13development.
AB150-engrossed,1555,2015
157.62
(1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every
16cemetery association shall file an annual report with the
secretary of state 17department of financial institutions. The report shall be made on a calendar-year
18basis unless the
secretary of state department of financial institutions, by rule,
19provides for other reporting periods. The report is due on the 60th day after the last
20day of the reporting period. The annual report shall include all of the following:
AB150-engrossed,1556,222
157.62
(1) (c) The
secretary of state
department of financial institutions may
23prescribe and furnish forms for reports required under this subsection. If the
24secretary of state department of financial institutions prescribes forms under this
25paragraph,
he or she the department of financial institutions shall mail the forms
1to cemetery associations required to file under par. (a) no later than 60 days before
2the reports are due.
AB150-engrossed,1556,84
157.65
(1) (b) If the department of
industry, labor and human relations 5development has reason to believe that any person is violating s. 157.12 or any rule
6promulgated under s. 157.12 and that the continuation of that activity might cause
7injury to the public interest, the department of
industry, labor and human relations 8development may investigate.
AB150-engrossed,1556,2010
157.65
(2) The department of justice or any district attorney, upon informing
11the department of justice, may commence an action in circuit court in the name of
12the state to restrain by temporary or permanent injunction any violation of this
13subchapter. The court may, prior to entry of final judgment, make such orders or
14judgments as may be necessary to restore to any person any pecuniary loss suffered
15because of the acts or practices involved in the action, if proof of such loss is submitted
16to the satisfaction of the court. The department of justice may subpoena persons and
17require the production of books and other documents, and may request the
18department of regulation and licensing or the department of
industry, labor and
19human relations development to exercise its authority under sub. (1) to aid in the
20investigation of alleged violations of this subchapter.
AB150-engrossed,1556,2322
159.03
(1) (d) Coordinate its recycling market development activities with the
23recycling market development board.
AB150-engrossed,1557,1
1159.07
(3) (j) A waste tire, as defined in s.
84.078 (1) (b) 144.449 (1) (c).
AB150-engrossed,1557,43
159.17
(1) (d) "Waste tire" has the meaning given under s.
84.078 (1) (b) 144.449
4(1) (c).
AB150-engrossed,1557,97
159.23
(5) (b) Beginning with grants for 1996, for a unit of government other
8than a county that is the responsible unit for at least 75% of the population of a
9county, $100,000 or the amount determined under par. (c), whichever is greater.
AB150-engrossed,1557,1311
159.23
(5m) Alternate process. The department shall establish, by rule, a
12process for distributing grants if the amount that would be awarded under sub. (5)
13or (5e) exceeds the amount of funds available under s. 20.370
(4) (cw) (6) (bq).
AB150-engrossed,1557,1715
159.23
(5s) (a) Beginning with grants for 1994, the department shall annually
16allocate 10% of the funds appropriated under s. 20.370
(4) (cw) (6) (bq) for
17supplemental grants under this subsection.
AB150-engrossed,1557,2119
159.25
(5) (a) The department may enter into agreements with eligible
20applicants to make demonstration grants from the appropriation under s. 20.370
(4)
21(ct) (6) (br).
AB150-engrossed,1557,2423
159.40
(4) "Waste generator" means a person who generates solid waste that
24contains a material specified by the board under s. 159.42 (5) or a responsible unit.
AB150-engrossed,1558,6
1159.41 Strategic plan. (1) The board shall prepare a strategic plan to guide
2the development and implementation of the board's powers and duties. The board
3shall consult with the department of natural resources, the department of
4development, the University of Wisconsin-Extension and other interested persons
5in the development of the plan. The plan shall include all of the following
6components:
AB150-engrossed,1558,87
(a) Identification of priority recovered materials that will be the focus of market
8development efforts by the board.
AB150-engrossed,1558,139
(b) For each priority recovered material identified under par. (a), identification
10of one or more appropriate, measurable goals for the board's market development
11efforts and identification of the technical and financial assistance and research,
12demonstration, education, marketing and policy development necessary to achieve
13the goal.
AB150-engrossed,1558,15
14(2) The board shall review the strategic plan at least annually and shall revise
15the plan as it determines is appropriate.
AB150-engrossed,1558,20
16(3) The board shall submit quarterly progress reports to the appropriate
17standing committees of the legislature, as determined by the presiding officer of each
18house, under s. 13.172 (3), describing the board's progress in implementing the
19strategic plan and how the board's technical assistance, financial assistance and
20other activities conform to the strategic plan.
AB150-engrossed,1558,2522
159.42
(1) (intro.) Promote the development of
sustainable, high-value 23markets for recovered materials
on behalf of, and in cooperation with, waste
24generators and
promote the orderly and efficient marketing of recovered materials
25by
responsible units waste generators to do all of the following: