SB45: Bill Text

SB45,1039,7 (c) Category 3: failing private small sewage systems described in sub. (4) (e).

SB45, s. 2220 Section 2220. 145.245 (5) (a) 1. of the statutes is amended to read:

SB45,1039,16 145.245 (5) (a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private sewage system, if the residence was constructed prior to and inhabited on private sewage system was installed before July 1, 1978, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (7) is at least $100, if the residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private sewage system.

SB45, s. 2221 Section 2221 . 145.245 (5) (a) 1. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1040,2 145.245 (5) (a) 1. A person is eligible for grant funds under this section if he or she owns a principal residence which is served by a category 1 or 2 failing private small sewage system, if the private small sewage system was installed before July 1, 1978, if the family income of the person does not exceed the income limitations under par. (c), if the amount of the grant determined under sub. (7) is at least $100, if the residence is not located in an area served by a sewer and if determination of failure is made prior to the rehabilitation or replacement of the failing private small sewage system.

SB45, s. 2222 Section 2222. 145.245 (5) (a) 2. of the statutes is amended to read:

SB45,1040,11 145.245 (5) (a) 2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or 2 failing private sewage system, if the small commercial establishment was constructed prior to private sewage system was installed before July 1, 1978, if the gross revenue of the business does not exceed the limitation under par. (d), if the small commercial establishment is not located in an area served by a sewer and if a determination of failure is made prior to the rehabilitation or replacement of the private sewage system.

SB45, s. 2223 Section 2223. 145.245 (5) (a) 2. of the statutes, as affected by 1999 Wisconsin Act .... (this act), is amended to read:

SB45,1040,20 145.245 (5) (a) 2. A business is eligible for grant funds under this section if it owns a small commercial establishment which is served by a category 1 or 2 failing private small sewage system, if the private small sewage system was installed before July 1, 1978, if the gross revenue of the business does not exceed the limitation under par. (d), if the small commercial establishment is not located in an area served by a sewer and if a determination of failure is made prior to the rehabilitation or replacement of the private small sewage system.

SB45, s. 2224 Section 2224. 145.245 (5) (a) 3. of the statutes is amended to read:

SB45,1041,2 145.245 (5) (a) 3. A person who owns a principal residence or small commercial establishment which is served by a category 1 or 2 failing private small sewage system may submit an application for grant funds during the 3-year period after the determination of failure is made. Grant funds may be awarded after work is completed if rehabilitation or replacement of the system meets all requirements of this section and rules promulgated under this section.

SB45, s. 2225 Section 2225. 145.245 (5) (c) 2. of the statutes is amended to read:

SB45,1041,10 145.245 (5) (c) 2. Except as provided under subd. 4., annual family income shall be based upon the federal adjusted gross income of the owner and the owner's spouse, if any, as computed for Wisconsin income tax purposes for the taxable year prior to the year in which the determination of failure is made. The county median income shall be determined based upon the most recent statistics published by the federal department of housing and urban development for the year prior to the year in which the determination of failure is made.

SB45, s. 2226 Section 2226. 145.245 (5) (c) 3. of the statutes is amended to read:

SB45,1041,21 145.245 (5) (c) 3. In order to be eligible for grant funds under this section, a person shall submit a copy of the designated federal income tax returns for the taxable year prior to the year in which the determination of failure is upon which the determination of federal adjusted gross income under subd. 2. was made together with any application required by the governmental unit. For taxable year 1985 and earlier, the person shall submit a copy of his or her individual or combined Wisconsin income tax return. For taxable year 1986 and thereafter, the person shall submit a copy of his or her joint Wisconsin income tax return or, if filing separately, his or her separate Wisconsin income tax return and the separate Wisconsin income tax return of his or her spouse, if any.

SB45, s. 2227 Section 2227. 145.245 (5) (c) 4. of the statutes is amended to read:

SB45,1042,5 145.245 (5) (c) 4. A governmental unit may disregard the Wisconsin federal income tax return for the taxable year prior to the year in which the determination of failure is made that is submitted under subd. 3. and may determine annual family income based upon satisfactory evidence of federal adjusted gross income or projected taxable federal adjusted gross income of the owner and the owner's spouse in the current year. The department shall promulgate rules establishing criteria for determining what constitutes satisfactory evidence of federal adjusted gross income or projected federal adjusted gross income in a current year.

SB45, s. 2228 Section 2228 . 145.245 (5m) (a) of the statutes is amended to read:

SB45,1042,12 145.245 (5m) (a) The department or a governmental unit shall deny a grant application under this section if the applicant or a person who would be directly benefited by the grant intentionally caused the conditions which resulted in a category 1 or 2 failing private small sewage system. The department or governmental unit shall notify the applicant in writing of a denial, including the reason for the denial.

SB45, s. 2229 Section 2229. 145.245 (5m) (b) of the statutes is amended to read:

SB45,1043,2 145.245 (5m) (b) The department shall notify a governmental unit if it receives a certification under s. 49.855 (7) that an individual is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses an individual's name appears on the statewide support lien docket under s. 49.854 (2) (b). The department or a governmental unit shall deny an application under this section if the department receives a certification under s. 49.855 (7) that name of the applicant or an individual who would be directly benefited by the grant is delinquent in child support or maintenance payments or owes past support, medical expenses or birth expenses appears on the statewide support lien docket under s. 49.854 (2) (b), unless the applicant or individual who would be benefited by the grant provides to the department or governmental unit a payment agreement that has been approved by the county child support agency under s. 59.53 (5) and that is consistent with rules promulgated under s. 49.858 (2) (a).

SB45, s. 2230 Section 2230. 145.245 (6) of the statutes is amended to read:

SB45,1043,8 145.245 (6) Use of funds. (a) Except for grants under par. (b), funds available under a grant under this section shall be applied to the rehabilitation or replacement of the private small sewage system. An existing private small sewage system may be replaced by an alternative private small sewage system or by a system serving more than one principal residence.

SB45,1043,11 (b) Funds available under a grant under this section for experimental private small sewage systems shall be applied to the installation and monitoring of the experimental private small sewage systems.

SB45, s. 2231 Section 2231. 145.245 (7) of the statutes is amended to read:

SB45,1043,17 145.245 (7) Allowable costs; state share. (a) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private small sewage system which would be necessary to allow the rehabilitated system or new system to meet the minimum requirements of the state plumbing code promulgated under s. 145.13.

SB45,1043,20 (b) Except as provided in par. (e), costs allowable in determining grant funding under this section may not exceed the costs of rehabilitating or replacing a private small sewage system by the least costly methods.

SB45,1044,12 (c) Except as provided in pars. (d) and (e), the state grant share under this section is limited to $7,000 for each principal residence or small commercial establishment to be served by the private small sewage system or to the amount determined by the department based upon private small sewage system grant funding tables, whichever is less. The department shall prepare and publish private small sewage system grant funding tables which specify the maximum state share limitation for various components and costs involved in the rehabilitation or replacement of a private small sewage system based upon minimum size and other requirements specified in the state plumbing code promulgated under s. 145.02. The maximum state share limitations shall be designed to pay approximately 60% of the average allowable cost of private small sewage system rehabilitation or replacement based upon estimated or actual costs of that rehabilitation or replacement. The department shall revise the grant funding tables when it determines that 60% of current costs of private small sewage system rehabilitation or replacement exceed the amounts in the grant funding tables by more than 10%, except that the department may not revise the grant funding tables more often than once every 2 years.

SB45,1044,17 (d) Except as provided in par. (e), if the income of a person who owns a principal residence that is served by a category 1 or 2 failing private small sewage system is greater than $32,000, the amount of the grant under this section is limited to the amount determined under par. (c) less 30% of the amount by which the person's income exceeds $32,000.

SB45,1044,23 (e) Costs allowable for experimental private small sewage systems shall include the costs of installing and monitoring experimental private small sewage systems installed under s. 145.02 (3) (b) and this section. The department shall promulgate rules that specify how the department will select, monitor and allocate the state share for experimental private small sewage systems that the department funds under this section.

SB45, s. 2232 Section 2232. 145.245 (8) (a) of the statutes is amended to read:

SB45,1045,8 145.245 (8) (a) In order to be eligible for a grant under this section, a governmental unit shall make an application for replacement or rehabilitation of private small sewage systems of principal residences or small commercial establishments and shall submit an application for participation to the department. The application shall be in the form and include the information the department prescribes. In order to be eligible for funds available in a fiscal year, an application is required to be received by the department prior to February 1 of the previous fiscal year.

SB45, s. 2233 Section 2233. 145.245 (9) (b) of the statutes is amended to read:

SB45,1045,14 145.245 (9) (b) Certify that grants will be used for private small sewage system replacement or rehabilitation for a principal residence or small commercial establishment owned by a person who meets the eligibility requirements under sub. (5), that the funds will be used as provided under sub. (6) and that allowable costs will not exceed the amount permitted under sub. (7);

SB45, s. 2234 Section 2234. 145.245 (9) (c) of the statutes is amended to read:

SB45,1045,17 145.245 (9) (c) Certify that grants will be used for private small sewage systems which will be properly installed and maintained;

SB45, s. 2235 Section 2235. 145.245 (9) (e) of the statutes is amended to read:

SB45,1045,20 145.245 (9) (e) Establish a process for regulation and inspection of private small sewage systems;

SB45, s. 2236 Section 2236. 145.245 (11) (e) of the statutes is amended to read:

SB45,1045,25 145.245 (11) (e) Limitation; experimental private small sewage systems. The department may not allocate more than 10% of the funds available under this subsection each fiscal year for grants for the installation and monitoring of experimental private small sewage systems.

SB45, s. 2237 Section 2237. 145.245 (11m) (b) to (d) of the statutes are amended to read:

SB45,1046,5 145.245 (11m) (b) Except as provided in par. (d), if funds are sufficient to fully fund all category 1 but not all category 2 failing private small sewage systems, the department shall fully fund all category 1 systems and prorate the funds for category 2 systems on a proportional basis.

SB45,1046,9 (c) Except as provided in par. (d), if funds are not sufficient to fully fund all category 1 failing private small sewage systems, the department shall fund the category 1 systems on a proportional basis and deny the grant applications for all category 2 systems.

SB45,1046,11 (d) The department is not required to prorate available funds for grants for the installation and monitoring of experimental private small sewage systems.

SB45, s. 2238 Section 2238. 145.245 (12m) of the statutes is created to read:

SB45,1046,21 145.245 (12m) Loans to governmental units. (a) A governmental unit to which the department allocates funds under sub. (11) for a fiscal year may apply to the department for a loan under this subsection if the department prorates funds under sub. (11m) for that fiscal year. A governmental unit may only use a loan under this subsection to increase the amounts of grants to persons eligible under sub. (5) above the amounts that would be provided without a loan under this subsection or to provide grants to persons eligible under sub. (5) who would otherwise not receive grants, because of the operation of sub. (11m) (c), but the total amount provided to a person under this section may not exceed the amount authorized under sub (7).

SB45,1047,3 (b) A loan under this subsection bears no interest. A loan under this subsection may not exceed the difference between the amount of the grant that the governmental unit would have received if the department had not prorated grants under sub. (11) and the amount of the grant that the governmental unit did receive. If the amount available for loans under s. 20.320 (3) (q) in a fiscal year is not sufficient to provide loans to all eligible governmental units applying for loans, the department shall allocate the available funds in the same manner as in sub. (11) (c).

SB45,1047,6 (c) A loan approved under this subsection shall be for no longer than 20 years, as determined by the department of administration, and be fully amortized not later than 20 years after the original date of the note.

SB45,1047,8 (d) As a condition of receiving a loan under this subsection an applicant shall do all of the following:

SB45,1047,10 1. Pledge the security, if any, required by the department of administration under this subsection.

SB45,1047,12 2. Demonstrate to the satisfaction of the department of administration the financial capacity to assure sufficient revenues to repay the loan.

SB45,1047,16 (e) The department of commerce and the department of administration may enter into a financial assistance agreement with a governmental unit that applies for a loan under this subsection and meets the eligibility requirements for a loan, including the requirements under par. (d).

SB45,1047,24 (f) The department of administration, in consultation with the department of commerce, may establish those terms and conditions of a financial assistance agreement that relate to its financial management, including what type of municipal obligation is required for the repayment of the financial assistance. In setting the terms and conditions, the department of administration may consider factors that the department of administration finds are relevant, including the type of obligation evidencing the loan, the pledge of security for the obligation and the applicant's creditworthiness.

SB45,1048,4 (g) The department of administration shall make and disburse a loan to an applicant that has entered into a financial assistance agreement under par. (e). The department of administration, in consultation with the department of commerce, shall establish procedures for disbursing loans.

SB45,1048,13 (h) If a governmental unit fails to make a principal repayment after its due date, the department of administration shall place on file a certified statement of all amounts due under this subsection. After consulting the department of commerce, the department of administration may collect all amounts due by deducting those amounts from any state payments due the governmental unit or may add a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60. If the department of administration collects amounts due, it shall remit those amounts to the fund to which they are due and notify the department of commerce of that action.

SB45, s. 2239 Section 2239. 145.245 (13) of the statutes is amended to read:

SB45,1048,19 145.245 (13) Inspection. Agents of the department or the governmental unit may enter premises where private small sewage systems are located pursuant to a special inspection warrant as required under s. 66.122, to collect samples, records and information and to ascertain compliance with the rules and orders of the department or the governmental unit.

SB45, s. 2240 Section 2240. 145.245 (14) (d) of the statutes is amended to read:

SB45,1048,25 145.245 (14) (d) Additional grants under this section to a governmental unit previously awarded a grant under this section may be suspended or terminated if the department finds that a private small sewage system previously funded in the governmental unit is not being or has not been properly rehabilitated, constructed, installed or maintained.

SB45, s. 2241 Section 2241. 146.19 (2) (intro.) of the statutes is amended to read:

SB45,1049,9 146.19 (2) Cooperative American Indian health project grants. (intro.) From the appropriation under s. 20.435 (5) (ek) (ke), the department shall award grants for cooperative American Indian health projects in order to promote cooperation among tribes, tribal agencies, inter-tribal organizations and other agencies and organizations in addressing specific problem areas in the field of American Indian health. A tribe, tribal agency or inter-tribal organization may apply, in the manner specified by the department, for a grant of up to $10,000 to conduct a cooperative American Indian health project, which meets all of the following requirements:

SB45, s. 2242 Section 2242. 146.50 (5) (f) of the statutes is amended to read:

SB45,1049,15 146.50 (5) (f) The department may charge a reasonable fee for a an initial license or training permit issued under this subsection, except that no fee may be charged to an individual who is an employe of a public agency and who works for volunteer or paid-on-call ambulance service providers and who is an applicant for a license as an emergency medical technician — basic or for a training permit.

SB45, s. 2243 Section 2243. 146.50 (10) of the statutes is renumbered 146.50 (10) (a) (intro.) and amended to read:

SB45,1050,2 146.50 (10) (a) (intro.) Every holder of a license issued under sub. (5) or (7) shall renew the license on July 1 of each even-numbered year by applying to the department on forms provided by the department. Upon receipt of an application for renewal containing documentation acceptable to the department that the requirements of sub. (6) have been met Unless the department finds that the applicant has acted in a manner or under circumstances constituting grounds for suspension or revocation of the license and except as provided in ss. 146.51 and 146.52, the department shall renew the license unless the department finds that the applicant has acted in a manner or under circumstances constituting grounds for suspension or revocation of the license. upon receipt of all of the following:

SB45, s. 2244 Section 2244. 146.50 (10) (a) 1. of the statutes is created to read:

SB45,1050,6 146.50 (10) (a) 1. An application for renewal containing documentation acceptable to the department that the applicable requirements of sub. (6) have been met.

SB45, s. 2245 Section 2245. 146.50 (10) (a) 2. of the statutes is created to read:

SB45,1050,9 146.50 (10) (a) 2. A reasonable fee prescribed by rule by the department for license renewal.

SB45, s. 2246 Section 2246. 146.50 (10) (a) 3. of the statutes is created to read:

SB45,1050,12 146.50 (10) (a) 3. If applicable, late fees prescribed by rule by the department for untimely license renewal.

SB45, s. 2247 Section 2247. 146.50 (10) (b) of the statutes is created to read:

SB45,1050,15 146.50 (10) (b) The department shall credit all late fees assessed under par. (a) 3. to the appropriation account under s. 20.435 (1) (gm).

SB45, s. 2248 Section 2248. 146.50 (11m) of the statutes is created to read:

SB45,1050,23 146.50 (11m) Forfeitures; ambulance service providers. (a) Any ambulance service provider who violates this section or any rule promulgated under the authority of this section shall forfeit not more than the amount specified by rule by the department. Each day of violation constitutes a separate offense, except that no day in the period between the date on which a request for hearing is filed under s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this subsection constitutes a violation.

SB45,1051,4 (b) The department may directly assess forfeitures under par. (a). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute or rule and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.

SB45,1051,9 (c) All forfeitures shall be paid to the department within 10 days after receipt of notice of assessment or, if the forfeiture is contested as specified in par. (b), within 10 days after receipt of the final decision, unless the final decision is appealed and the decision is in favor of the appellant. The department shall remit all forfeitures paid under this subsection to the state treasurer for deposit in the school fund.

SB45, s. 2249 Section 2249. 146.50 (13) (a) of the statutes is repealed.

SB45, s. 2250 Section 2250. 146.50 (13) (d) of the statutes is created to read:

SB45,1051,13 146.50 (13) (d) The department shall promulgate rules that prescribe all of the following:

SB45,1051,14 1. The amounts for license renewal fees to be assessed under sub. (10) (a) 2.

SB45,1051,16 2. The amounts for late fees to be assessed under sub. (10) (a) 3. against an applicant for untimely renewal of a license issued under sub. (5) or (7).

SB45,1051,18 3. The amounts for forfeitures to be assessed under sub. (11m) against an ambulance service provider.

SB45, s. 2251 Section 2251. 146.56 (1) of the statutes is amended to read:

SB45,1051,23 146.56 (1) Not later than July 1, 2001 2002, the department shall develop and implement a statewide trauma care system. The department shall seek the advice of the statewide trauma advisory council under s. 15.197 (25) in developing and implementing the system.

SB45, s. 2252 Section 2252. 146.819 (4) (e) of the statutes is repealed.

SB45, s. 2253 Section 2253. 146.82 (1) of the statutes is amended to read:

SB45,1052,6 146.82 (1) Confidentiality. All patient health care records shall remain confidential. Patient health care records may be released only to the persons designated in this section or to other persons with the informed consent of the patient or of a person authorized by the patient. This subsection does not prohibit reports made in compliance with s. 146.995, 253.12 (2) or 979.01 or testimony authorized under s. 905.04 (4) (h).

SB45, s. 2254 Section 2254. 146.93 (1) (a) of the statutes is amended to read: