Amendment JR2 CA1-ASA1-AB1

AB1-ASA1-CA1, s. 121px Section 121px. 49.45 (21) (b) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,189,23 49.45 (21) (b) If, notwithstanding the prohibition under par. (ar), a person takes over the operation of a provider If a transfer occurs and the applicable amount under par. (ar) (a) has not been repaid, the department may, in addition to withholding certification as authorized under sub. (2) (b) 8., proceed against the provider or the person either the transferor or the transferee. Within 30 days after the certified provider receives receiving notice from the department, the transferor or the transferee shall pay the amount shall be repaid in full. If the amount is not repaid in full Upon failure to comply, the department may bring an action to compel payment,. If a transferor fails to pay within 90 days after receiving notice from the department, the department may proceed under sub. (2) (a) 12., or may do both.

AB1-ASA1-CA1, s. 121py Section 121py. 49.45 (21) (e) of the statutes, as created by 2001 Wisconsin Act 16, is repealed.".

AB1-ASA1-CA1,190,1 135. Page 38, line 20: after that line insert:

AB1-ASA1-CA1,190,2 " Section 121t. 49.45 (6m) (ar) 1. a. of the statutes is amended to read:

AB1-ASA1-CA1,190,12 49.45 (6m) (ar) 1. a. The department shall establish standards for payment of allowable direct care costs, for facilities that do not primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state and separate standards for payment of allowable direct care costs, for facilities that primarily serve the developmentally disabled, that take into account direct care costs for a sample of all of those facilities in this state. The standards shall be adjusted by the department for regional labor cost variations. For facilities in Douglas, Pierce, and St. Croix counties, the department shall perform the adjustment by use of the wage index that is used by the federal department of health and human services for hospital reimbursement under 42 USC 1395 to 1395ggg.".

AB1-ASA1-CA1,190,13 136. Page 38, line 20: after that line insert:

AB1-ASA1-CA1,190,14 " Section 121k. 49.26 (1) (h) 1. as. of the statutes is amended to read:

AB1-ASA1-CA1,190,18 49.26 (1) (h) 1. as. The individual has failed to request a hearing or has failed to show good cause for not cooperating with case management efforts in a hearing. The hearing shall be requested and held under s. 49.152 49.16. The department shall determine by rule the criteria for good cause.".

AB1-ASA1-CA1,190,19 137. Page 39, line 10: after that line insert:

AB1-ASA1-CA1,190,20 " Section 122c. 49.45 (50) of the statutes is created to read:

AB1-ASA1-CA1,190,24 49.45 (50) Disease management. (a) In this subsection, "disease management" means an integrated and systematic approach for managing the health care needs of patients who are at risk of or are diagnosed with a specific disease, using all of the following:

AB1-ASA1-CA1,191,1 1. Best practices.

AB1-ASA1-CA1,191,2 2. Prevention strategies.

AB1-ASA1-CA1,191,3 3. Clinical practice improvement.

AB1-ASA1-CA1,191,4 4. Clinical interventions and protocols.

AB1-ASA1-CA1,191,5 5. Outcomes research, information, and technology.

AB1-ASA1-CA1,191,7 6. Other tools and resources to reduce overall costs and improve measurable outcomes.

AB1-ASA1-CA1,191,10 (b) The department may contract with an entity, under the department's request-for-proposal procedures, to engage in disease management activities on behalf of recipients of medical assistance.".

AB1-ASA1-CA1,191,11 138. Page 41, line 13: after that line insert:

AB1-ASA1-CA1,191,12 " Section 128g. 49.49 (6) of the statutes is amended to read:

AB1-ASA1-CA1,191,22 49.49 (6) Recovery. In addition to other remedies available under this section, the court may award the department of justice the reasonable and necessary costs of investigation, an amount reasonably necessary to remedy the harmful effects of the violation and the reasonable and necessary expenses of prosecution, including attorney fees, from any person who violates this section. The department of justice shall deposit in the state treasury for deposit in 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).".

AB1-ASA1-CA1,191,23 139. Page 46, line 20: after that line insert:

AB1-ASA1-CA1,192,2 " Section 145g. 49.85 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,192,10 49.85 (2) (a) At least annually, the department of health and family services shall certify to the department of revenue the amounts that, based on the notifications received under sub. (1) and on other information received by the department of health and family services, the department of health and family services has determined that it may recover under s. 49.45 (2) (a) 10. or 49.497, except that the department of health and family services may not certify an amount under this subsection unless it has met the notice requirements under sub. (3) and unless its determination has either not been appealed or is no longer under appeal.

AB1-ASA1-CA1, s. 145h Section 145h. 49.85 (3) (a) 1. of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,192,16 49.85 (3) (a) 1. Inform the person that the department of health and family services intends to certify to the department of revenue an amount that the department of health and family services has determined to be due under s. 49.45 (2) (a) 10. or 49.497, for setoff from any state tax refund that may be due the person.".

AB1-ASA1-CA1,192,17 140. Page 47, line 25: after that line insert:

AB1-ASA1-CA1,192,18 " Section 148n. 50.36 (3d) of the statutes is created to read:

AB1-ASA1-CA1,192,21 50.36 (3d) (a) A hospital shall develop and maintain a system under which the hospital may grant emergency staff privileges to a health care provider, as defined in s. 146.81 (1), to whom all of the following apply:

AB1-ASA1-CA1,192,24 1. The health care provider seeks to provide care at the hospital during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1.

AB1-ASA1-CA1,193,3 2. The health care provider does not have staff privileges at the hospital at the time that the state of emergency related to public health is declared by the governor under s. 166.03 (1) (b) 1.

AB1-ASA1-CA1,193,4 3. The health care provider has staff privileges at another hospital.

AB1-ASA1-CA1,193,7 (b) A hospital that grants emergency staff privileges under par. (a) has immunity from civil liability for acts or omissions by a health care provider who is granted emergency staff privileges under par. (a).".

AB1-ASA1-CA1,193,8 141. Page 48, line 5: after that line insert:

AB1-ASA1-CA1,193,9 " Section 149f. 51.20 (13) (ct) 2m. of the statutes is amended to read:

AB1-ASA1-CA1,193,19 51.20 (13) (ct) 2m. If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation, or to have solicited, conspired, or attempted to commit a violation, of s. 940.22 (2), 940.225 (1), (2), or (3), 944.06, 948.02 (1) or (2), 948.025, 948.05, 948.055, 948.06, 948.07, 948.075, 948.08, 948.095, 948.11 (2) (a) or (am), 948.12, 948.13, or 948.30, or of s. 940.30 or 940.31 if the victim was a minor and the subject individual was not the victim's parent, the court shall require the individual to comply with the reporting requirements under s. 301.45 unless the court determines, after a hearing on a motion made by the individual, that the individual is not required to comply under s. 301.45 (1m).".

AB1-ASA1-CA1,193,20 142. Page 48, line 10: after that line insert:

AB1-ASA1-CA1,193,21 " Section 150tg. 62.13 (5) (i) of the statutes is amended to read:

AB1-ASA1-CA1,194,25 62.13 (5) (i) Any person suspended, reduced, suspended and reduced, or removed by the board may appeal from the order of the board to the circuit court by serving written notice of the appeal on the secretary of the board within 10 days after the order is filed. Within 5 days after receiving written notice of the appeal, the board shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony, and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall upon application of the accused or of the board fix a date of trial, which shall not be later than 15 days after such application except by agreement. The trial shall be by the court and upon the return of the board, except that the court may require further return or the taking and return of further evidence by the board. The question to be determined by the court shall be: Upon the evidence is there just cause, as described under par. (em), to sustain the charges against the accused? No costs shall be allowed either party and the clerk's fees shall be paid by the city. If the order of the board is reversed, the accused shall be forthwith reinstated and entitled to pay as though in continuous service. If the order of the board is sustained, it shall be final and conclusive. This paragraph does not apply to any person who is suspended, reduced, suspended and reduced, or removed by the board or by a committee or person acting under this subsection in place of a board, and who is subject to the terms of a collective bargaining agreement entered into under subch. IV of ch. 111 that provides an alternative to the appeals procedure specified in this paragraph, unless the person chooses to appeal the order to circuit court. If the alternative to the appeals procedure includes a hearing, the hearing shall be open to the public with reasonable advance notice given by the employer. An accused person who chooses to appeal the decision of the board through a collectively bargained alternative to the appeals procedure specified in this paragraph is considered to have waived his or her right to circuit court review of the board decision.".

AB1-ASA1-CA1,195,1 143. Page 48, line 10: after that line insert:

AB1-ASA1-CA1,195,2 " Section 150c. 59.692 (6m) of the statutes is amended to read:

AB1-ASA1-CA1,195,7 59.692 (6m) For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet the shoreland zoning standards.

AB1-ASA1-CA1, s. 150m Section 150m. 62.231 (6m) of the statutes is amended to read:

AB1-ASA1-CA1,195,13 62.231 (6m) Certain amendments to ordinances. For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (2) or (3) (a), the department of natural resources may not proceed under sub. (6), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet reasonable minimum standards.".

AB1-ASA1-CA1,195,14 144. Page 49, line 18: after that line insert:

AB1-ASA1-CA1,195,16 " Section 151n. 66.0303 (3) of the statutes is renumbered 66.0303 (3) (a) and amended to read:

AB1-ASA1-CA1,196,6 66.0303 (3) (a) An Except as provided in par. (b), an agreement made under this section shall, prior to and as a condition precedent to taking effect, be submitted to the attorney general who shall determine whether the agreement is in proper form and compatible with the laws of this state. The attorney general shall approve any agreement submitted under this subsection paragraph unless the attorney general finds that it does not meet the conditions set forth in this section and details in writing addressed to the concerned municipal governing bodies the specific respects in which the proposed agreement fails to meet the requirements of law. Failure to disapprove an agreement submitted under this subsection paragraph within 90 days of its submission constitutes approval. The attorney general, upon submission of an agreement, shall transmit a copy of the agreement to the governor who shall consult with any state department or agency affected by the agreement. The governor shall forward to the attorney general any comments the governor may have concerning the agreement.

AB1-ASA1-CA1, s. 151nb Section 151nb. 66.0303 (3) (b) of the statutes is created to read:

AB1-ASA1-CA1,196,11 66.0303 (3) (b) An agreement under this section between a municipality of this state and a municipality of another state that relates to the receipt, furnishing, or joint exercise of fire fighting or emergency medical services need not be submitted to or approved by the attorney general before the agreement may take effect.".

AB1-ASA1-CA1,196,12 145. Page 49, line 18: after that line insert:

AB1-ASA1-CA1,196,13 " Section 151e. 66.0218 of the statutes is created to read:

AB1-ASA1-CA1,196,15 66.0218 Direct annexation of certain town territory. (1) Definitions. In this section:

AB1-ASA1-CA1,196,16 (a) "Legal description" has the meaning given in s. 66.0217 (1) (c).

AB1-ASA1-CA1,196,17 (b) "Members-elect" has the meaning given in s. 59.001 (2m).

AB1-ASA1-CA1,196,18 (c) "Municipality" means a city, village, or town.

AB1-ASA1-CA1,196,21 (d) "Public services" includes police and fire protection; sewer and water treatment; stormwater treatment; building, health, and fire prevention inspections; planning; and public works services.

AB1-ASA1-CA1,196,22 (e) "Scale map" has the meaning given in s. 66.0217 (1) (g).

AB1-ASA1-CA1,197,2 (2) City or village ordinances. (a) Enactment. Notwithstanding s. 66.0221, the governing body of a city or village may, by a two-thirds vote of its members-elect, enact an ordinance to annex a contiguous town or contiguous town territory if all of the following apply:

AB1-ASA1-CA1,197,4 1. The area of the territory to be annexed is less than 10 square miles and the territory is located in a county with a population of at least 425,000.

AB1-ASA1-CA1,197,6 2. The annexing city or village is contiguous to more than 50% of the length of the boundary of the territory to be annexed.

AB1-ASA1-CA1,197,9 3. The annexing city or village is capable of providing public services to the territory to be annexed at a level that at least equals the level of service that is being provided by the town.

AB1-ASA1-CA1,197,12 4. The annexation of the territory will reduce any existing problems of duplicative public services being provided within the same area by more than one municipality.

AB1-ASA1-CA1,197,15 5. The boundary of the territory to be annexed is contiguous to one or more cities or villages for at least 95% of its length, excluding areas that border on water, or on land whose condition prohibits development.

AB1-ASA1-CA1,197,21 (b) Requirements. The annexation ordinance shall contain a legal description of the territory annexed and the name of the town from which the territory is annexed. Upon enactment of the ordinance under par. (a) the city or village clerk shall file with the secretary of state 8 certified copies of the ordinance, 8 copies of a scale map, and 8 copies of a plat which shows the boundaries of the city or village, including the annexed territory.

AB1-ASA1-CA1,198,2 (c) Secretary of state. Not later than 10 days after receiving the ordinance, scale map, and plat, the secretary of state shall forward 2 copies of the ordinance, scale map, and plat to the department of transportation, one copy to the department of administration, one copy to the department of natural resources, one copy to the department of revenue, one copy to the department of public instruction, and one copy to the clerk of the town from which the territory was annexed.

AB1-ASA1-CA1,198,4 (d) Action to contest annexation. Section 66.0217 (11) applies to annexations under this section.

AB1-ASA1-CA1,198,6 (3) Effectiveness of annexation ordinance. An ordinance enacted under sub. (2) takes effect on the first day of the 2nd month beginning after enactment.

AB1-ASA1-CA1,198,7 (4) Sunset. This section does not apply after December 31, 2003.".

AB1-ASA1-CA1,198,9 146. Page 49, line 19: delete the material beginning with that line and ending with page 53, line 4.

AB1-ASA1-CA1,198,10 147. Page 53, line 4: after that line insert:

AB1-ASA1-CA1,198,12 " Section 153s. 66.1113 (2) (a) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-ASA1-CA1,198,18 66.1113 (2) (a) The governing body of a political subdivision, by a two-thirds vote of the members of the governing body who are present when the vote is taken, may enact an ordinance or adopt a resolution declaring itself to be a premier resort area if, except as provided in par. pars. (e) and (f), at least 40% of the equalized assessed value of the taxable property within such political subdivision is used by tourism-related retailers.

AB1-ASA1-CA1, s. 153t Section 153t. 66.1113 (2) (f) of the statutes is created to read:

AB1-ASA1-CA1,198,23 66.1113 (2) (f) The city of Bayfield may enact an ordinance or adopt a resolution declaring itself to be a premier resort area under par. (a) even if less than 40% of the equalized assessed value of the taxable property within Bayfield is used by tourism-related retailers.".

AB1-ASA1-CA1,198,24 148. Page 53, line 4: after that line insert:

AB1-ASA1-CA1,199,1 " Section 153d. 66.0903 (10) (a) of the statutes is amended to read:

AB1-ASA1-CA1,199,18 66.0903 (10) (a) Each contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall keep full and accurate records clearly indicating the name and trade or occupation of every person performing the work described in sub. (4) and an accurate record of the number of hours worked by each of those persons and the actual wages paid for the hours worked. If requested by any person, a contractor, subcontractor, or contractor's or subcontractor's agent performing work on a project that is subject to this section shall permit that person to inspect and copy any of those records to the same extent as if the record were maintained by the department, except that s. 19.36 (3) does not limit the duty of a subcontractor or a contractor's or subcontractor's agent to permit inspection and copying of a record under this paragraph. Before permitting the inspection and copying of a record under this paragraph, a contractor, subcontractor, or contractor's or subcontractor's agent shall delete from the record any personally identifiable information, as defined in s. 19.62 (5), contained in the record about any person performing the work described in sub. (4) other than the trade or occupation of the person, the number of hours worked by the person, and the actual wages paid for those hours worked.".

AB1-ASA1-CA1,199,19 149. Page 53, line 20: after that line insert:

AB1-ASA1-CA1,199,20 " Section 156b. 70.32 (2) (c) 1. of the statutes is amended to read:

AB1-ASA1-CA1,200,2 70.32 (2) (c) 1. "Agricultural land" means land, exclusive of buildings and improvements and the land necessary for their location and convenience, that is devoted primarily to agricultural use, as defined by rule, if the land is a farm, as defined in sub. (2s) (a) 2., and the owner or lessee of the land files the form under sub. (2s).

AB1-ASA1-CA1, s. 156d Section 156d. 70.32 (2) (c) 1m. of the statutes is created to read:

AB1-ASA1-CA1,200,7 70.32 (2) (c) 1m. "Other," as it relates to par. (a) 7., means buildings and improvements located on farms, as defined in sub. (2s) (a) 2.; including any residence for the farm operator's spouse, children, parents, or grandparents; and the land necessary for the location and convenience of those building and improvements.

AB1-ASA1-CA1, s. 156e Section 156e. 70.32 (2s) of the statutes is created to read:

AB1-ASA1-CA1,200,9 70.32 (2s) (a) In this subsection:

AB1-ASA1-CA1,200,10 1. "Department" means the department of revenue.

AB1-ASA1-CA1,200,13 2. "Farm" means a business engaged in activities included in the North American Industry Classification System, 1997 edition, published by the U.S. office of management and budget under any of the following classifications:

AB1-ASA1-CA1,200,14 a. Classification 111-Crop production.

AB1-ASA1-CA1,200,15 b. Classification 112-Animal production.