AB150: Bill Text

AB150, s. 4350 Section 4350. 144.968 of the statutes is created to read:

AB150,1497,10 144.968 Cooperative remedial action. (1) In this section, "costs of remedying environmental contamination" means costs determined by the department to be necessary to reduce or eliminate environmental contamination and restore the environment, including costs of investigation and of providing public information and education related to reducing or eliminating environmental contamination and restoring the environment.

AB150,1497,15 (2) The department may seek and receive funds from a municipality or any other public or private source for all or part of the costs of remedying environmental contamination if the activities being funded are part of a cooperative effort by the department and the person providing the funds to remedy that environmental contamination.

AB150,1497,17 (3) Provision of funding under sub. (2) is not evidence of liability or an admission of liability for any environmental contamination.

AB150,1497,20 (4) In carrying out its regulatory and enforcement duties, the department may not base its treatment of a person on whether the person did or did not provide funding under sub. (2).

AB150, s. 4351 Section 4351. 144.98 of the statutes is amended to read:

AB150,1498,11 144.98 Enforcement; duty of department of justice; expenses. The attorney general shall enforce this chapter, except ss. 144.421 and 144.422, and all rules, special orders, licenses, plan approvals and permits of the department, except those promulgated or issued under ss. 144.421 and 144.422. The circuit court for Dane county or for any other county where a violation occurred in whole or in part has jurisdiction to enforce this chapter or the rule, special order, license, plan approval or permit by injunctional and other relief appropriate for enforcement. For purposes of this proceeding where this chapter or the rule, special order, license, plan approval or permit prohibits in whole or in part any pollution, a violation is deemed a public nuisance. The expenses incurred by the department of justice in assisting with the administration of this chapter shall be charged to the appropriation made by s. 20.370 (2) (ma) The department of natural resources may enter into agreements with the department of justice to assist with the administration of this chapter. Any funds paid to the department of justice under these agreements shall be credited to the appropriation account under s. 20.455 (1) (k).

AB150, s. 4352 Section 4352. 144.99 (title) of the statutes is amended to read:

AB150,1498,13 144.99 (title) Penalties and remedies.

AB150, s. 4353 Section 4353. 144.99 of the statutes is renumbered 144.99 (1).

AB150, s. 4354 Section 4354. 144.99 (2) of the statutes is created to read:

AB150,1498,21 144.99 (2) In addition to the penalties provided under sub. (1), the court may award the department of justice the expenses of the investigation and prosecution of the violation, including attorney fees, and an amount reasonably necessary to remedy the harmful effects of the violation. 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.

AB150, s. 4355 Section 4355. 145.01 (4) of the statutes is amended to read:

AB150,1498,24 145.01 (4) Department. "Department" means the department of industry, labor and human relations development.

AB150, s. 4356 Section 4356. 145.02 (4) (a) of the statutes is amended to read:

AB150,1499,6 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.227 (15) 15.157 (6), shall advise the department in formulating the rules.

AB150, s. 4357 Section 4357. 145.17 (2) of the statutes is amended to read:

AB150,1499,13 145.17 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.227 (16) 15.157 (9), shall advise the department in formulating the rules.

AB150, s. 4358 Section 4358. 145.245 (1) (dm) of the statutes is amended to read:

AB150,1499,18 145.245 (1) (dm) "Sewage" means the water-carried wastes created in and to be conducted away from residences, industrial establishments, and public buildings as defined in s. 101.01 (2) (12), with such surface water or groundwater as may be present.

AB150, s. 4359 Section 4359. 145.245 (3) of the statutes is amended to read:

AB150,1500,10 145.245 (3) Maintenance. The department shall establish a maintenance program to be administered by governmental units. The maintenance program is applicable to all new or replacement private sewage systems constructed in a governmental unit after the date on which the governmental unit adopts this program. The maintenance program shall include a requirement of inspection or pumping of the private sewage system at least once every 3 years. Inspections may be conducted by a master plumber, journeyman plumber or restricted plumber licensed under this chapter, a person licensed under s. 146.20 or by an employe of the state or governmental unit designated by the department. The department of natural resources may suspend or revoke a license issued under s. 146.20 or a certificate issued under s. 144.025 (2) (L) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of industry, labor and human relations development may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB150, s. 4360 Section 4360. 146.029 of the statutes is repealed.

AB150, s. 4361 Section 4361. 146.085 (3) of the statutes is amended to read:

AB150,1500,15 146.085 (3) Enforcement. The department, the department of industry, labor and human relations development and the public service commission shall enforce this section within their respective jurisdictions.

AB150, s. 4362 Section 4362. 146.20 (3) (a) of the statutes is amended to read:

AB150,1500,24 146.20 (3) (a) License; application. Every person before engaging in servicing in this state shall submit an application for a license on forms prepared by the department. If the department, after investigation, is satisfied that the applicant has the qualifications, experience, understanding of proper servicing practices, as demonstrated by the successful completion of an examination given by the department, and equipment to perform the servicing in a manner not detrimental to public health it shall issue the license, provided a surety bond has been executed. The license fee shall accompany all applications.

AB150, s. 4363 Section 4363. 146.20 (3) (b) of the statutes is amended to read:

AB150,1501,7 146.20 (3) (b) Expiration date of license. All licenses issued under this section for a period beginning before July 1, 1997, are for one year. All licenses issued under this section for a period beginning after June 30, 1997, are for 2 years. All licenses issued under this section are for one year, expire on June 30 or December 31 and are not transferable. Application for renewal shall be filed on or before July 1 or January 1 June 1 and if filed after that date a penalty shall be charged. The department shall promulgate a rule setting the amount of the penalty for late filing.

AB150, s. 4364 Section 4364. 146.20 (4) of the statutes is repealed.

AB150, s. 4365 Section 4365. 146.20 (4s) (a) 1. of the statutes is amended to read:

AB150,1501,12 146.20 (4s) (a) 1. For a license under sub. (3) (a) for to a state resident, $25 for each vehicle used for servicing, $25 if the license period begins before July 1, 1997, and $50 if the license period begins after June 30, 1997.

AB150, s. 4366 Section 4366. 146.20 (4s) (a) 2. of the statutes is amended to read:

AB150,1501,16 146.20 (4s) (a) 2. For a license under sub. (3) (a) for to a nonresident licensee, $50, for each vehicle used for servicing, $50 if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997.

AB150, s. 4367 Section 4367. 146.20 (4s) (d) of the statutes is amended to read:

AB150,1501,22 146.20 (4s) (d) In addition to the license fee under par. (a) 1. or 2., the department shall collect from each licensee a groundwater fee of $50 per licensee if the license period begins before July 1, 1997, and $100 if the license period begins after June 30, 1997. The moneys collected under this paragraph shall be credited to the environmental fund for groundwater management.

AB150, s. 4368 Section 4368. 146.20 (5) (a) 1. of the statutes is repealed.

AB150, s. 4369 Section 4369. 146.40 (5) (a) of the statutes is amended to read:

AB150,1502,7 146.40 (5) (a) The department, in consultation with the technical college system board, shall promulgate rules specifying standards for certification in this state of instructional and competency evaluation programs for nurse's assistants, home health aides and hospice aides. The standards shall include specialized training in providing care to individuals with special needs. The department shall promulgate rules regarding this specialized training in consultation with a private nonprofit organization awarded a grant under s. 46.855.

AB150, s. 4370 Section 4370. 146.57 of the statutes is amended to read:

AB150,1502,19 146.57 (title) Statewide poison control system program. (3) (title) Regional poison control centers. (a) By July 1, 1994, the The department shall designate no more than 2 regional poison control centers and shall implement any other aspects of a statewide poison control system program. From the appropriation under s. 20.435 (1) (ds), the department shall, if the requirement under par. (b) is met, distribute, for fiscal year 1994-95, total funding of not more than $187,500 to each regional poison control center that is so designated in each fiscal year to supplement the operation of the centers program and to provide for the statewide collection and reporting of poison control data by the centers. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

AB150,1502,24 (b) No regional poison control center may be funded receive funds under par. (a) unless there is a matching contribution from the regional the poison control center provides a matching contribution of at least 50% of the state funding for the center. Private funds and in-kind contributions may be used to meet this requirement.

AB150,1503,3 (4) Rule making. The department shall promulgate rules that specify the information that shall be reported to the department by regional under the statewide poison control centers program.

AB150, s. 4371 Section 4371. 146.81 (1) (p) of the statutes is created to read:

AB150,1503,5 146.81 (1) (p) A rural medical center, as defined in s. 50.50 (11).

AB150, s. 4372 Section 4372. 146.82 (2) (a) 17. of the statutes is created to read:

AB150,1503,7 146.82 (2) (a) 17. To the department under s. 50.53 (2).

AB150, s. 4373 Section 4373. 146.89 (1) of the statutes is amended to read:

AB150,1503,15 146.89 (1) In this section, "volunteer health care provider" means an individual who is licensed as a physician under ch. 448, dentist under ch. 447, registered nurse, practical nurse or nurse-midwife under ch. 441 or optometrist under ch. 449 or certified as a physician's assistant under ch. 448 and who receives no income from the practice of that health care profession or who receives no income from the practice of that health care profession when providing services at the nonprofit agency specified under sub. (3).

AB150, s. 4374 Section 4374. 146.89 (2) (a) 2. of the statutes is amended to read:

AB150,1504,9 146.89 (2) (a) 2. A volunteer health care provider may participate under this section only if he or she submits a joint application with a nonprofit agency in a county that is specified under sub. (3) (a) 2. to the department of administration and that department approves the application after first submitting and the application is approved by the department. Before the department of administration may approve an application, it shall submit the application to the joint committee on finance for review under the procedures specified in s. 13.10, and obtaining approval from the joint committee on finance for the application. The department of administration shall disapprove the application if the joint committee on finance has disapproved it. If the cochairpersons of the joint committee on finance do not notify the department of administration that the committee has scheduled a meeting for the purpose of reviewing the application within 14 working days after the date of the submittal, the department of administration may approve the application. If, within 14 working days after the date of the submittal, the cochairpersons of the committee notify the department of administration that the committee has scheduled a meeting for the purpose of reviewing the application, the department of administration may approve the application only with the approval of the committee. The department of administration shall provide application forms for use under this subdivision.

AB150, s. 4375 Section 4375. 146.89 (2) (c) of the statutes is amended to read:

AB150,1504,13 146.89 (2) (c) The department of administration shall notify the volunteer health care provider and, the nonprofit agency and the department of health and social services of the department's decision to approve or disapprove the application.

AB150, s. 4376 Section 4376. 146.89 (2) (d) of the statutes is amended to read:

AB150,1504,23 146.89 (2) (d) Approval of an application of a volunteer health care provider is valid for one year. If a volunteer health care provider wishes to renew approval, he or she shall submit a joint renewal application with a nonprofit agency to the department of administration for review. The department of administration need not submit the renewal application to the joint committee on finance before approving or disapproving the application. The department of administration shall provide renewal application forms that are developed by the department of health and social services and that include questions about the activities that the individual has undertaken as a volunteer health care provider in the previous 12 months.

AB150, s. 4377 Section 4377. 146.89 (3) (a) 2. of the statutes is amended to read:

AB150,1505,4 146.89 (3) (a) 2. The volunteer health care provider shall provide services under par. (b) without charge in any county, other than those counties specified in subd. 1., at the nonprofit agency, if the joint application of the volunteer health care provider and the nonprofit agency in that county has received approval under sub. (2) (a) 2.

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

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

AB150,1505,7 146.89 (3) (d) 2. Medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49.

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

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

AB150,1505,17 147.21 (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, and an amount reasonably necessary to remedy the harmful effects of the violation. 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.

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

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

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

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

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

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

AB150,1506,2 150.11 (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, s. 4388 Section 4388. Subchapter III of chapter 150 [precedes 150.61] of the statutes is repealed.

AB150, s. 4389 Section 4389 . 150.80 (3) (b) of the statutes is amended to read:

AB150,1506,10 150.80 (3) (b) The degree to which general emergency medical relief under s. 49.02, medical assistance under ss. 49.43 to 49.499 and medicare under 42 USC 1395 to 1395ccc do not pay rates equal to the rates paid by nongovernment payers. Reports under this paragraph shall be issued annually and shall discuss these effects on both a statewide and individual hospital basis.

AB150, s. 4390 Section 4390 . 150.80 (3) (b) of the statutes, as affected by 1995 Wisconsin Act .... (this act), is amended to read:

AB150,1506,17 150.80 (3) (b) The degree to which emergency medical relief under s. 49.02, medical assistance under ss. 49.43 to 49.499 subch. IV of ch. 49 and medicare under 42 USC 1395 to 1395ccc do not pay rates equal to the rates paid by nongovernment payers. Reports under this paragraph shall be issued annually and shall discuss these effects on both a statewide and individual hospital basis.

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

AB150,1506,24 150.84 (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, s. 4392 Section 4392. 150.93 (3) of the statutes is amended to read:

AB150,1507,6 150.93 (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, s. 4393 Section 4393. 153.05 (4m) of the statutes is repealed.

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

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

AB150,1507,15 155.01 (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, s. 4396 Section 4396. 157.062 (1) of the statutes is amended to read:

AB150,1508,2 157.062 (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 revenue. The association then has the powers of a corporation.

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

AB150,1508,9 157.062 (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 revenue a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

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

AB150,1508,25 157.062 (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 revenue, 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.