Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2, s. 148h Section 148h. 50.35 of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,201,3 50.35 Application and approval. Application for approval to maintain a hospital shall be made to the department on forms provided by the department. On receipt of an application, the department shall, except as provided in this section and s. 50.498, issue a certificate of approval if the applicant and hospital facilities meet the requirements established by the department. Except as provided in s. 50.498, this approval shall be in effect until, for just cause and in the manner herein prescribed, it is suspended or revoked. The certificate of approval may be issued only for the premises and persons or governmental unit named in the application and is not transferable or assignable. The department shall withhold, suspend or revoke approval for a violation of s. 150.935 (2) or a failure to comply with s. 150.935 (3) or 165.40 (6) (a) 1. or 2. or 2001 Wisconsin Act .... (this act), section 9123 (5qr), but, except as provided in s. 50.498, otherwise may not withhold, suspend or revoke approval unless for a substantial failure to comply with ss. 50.32 to 50.39 or the rules and standards adopted by the department after giving a reasonable notice, a fair hearing and a reasonable opportunity to comply. Failure by a hospital to comply with s. 50.36 (3m) shall be considered to be a substantial failure to comply under this section. After the effective date of this section .... [revisor inserts date], the department may not issue an initial certificate of approval except for a critical access hospital that is converted from a previously-approved hospital.".

AB1-SSA1-SA2,201,4 163. Page 48, line 5: after that line insert:

AB1-SSA1-SA2,201,6 " Section 149g. 51.30 (4) (b) 13. of the statutes is renumbered 51.30 (4) (cm) and amended to read:

AB1-SSA1-SA2,201,20 51.30 (4) (cm) Required access to records. To the parents, children Notwithstanding par. (a), treatment records of an individual shall be released without informed written consent, except as restricted under par. (c), to the parent, child, sibling, or spouse of an individual who is or was a patient at an inpatient facility,; to a law enforcement officer who is seeking to determine whether an individual is on unauthorized absence from the facility, ; and to mental health professionals who are providing treatment to the individual at the time that the information is released to others. Information released under this subdivision paragraph is limited to notice as to whether or not an individual is a patient at the inpatient facility and, if the individual is no longer a patient at the inpatient facility, the facility or other place, if known, at which the individual is located. This paragraph does not apply to an individual's parent, child, sibling, or spouse from whom the individual has specifically requested that the information under this paragraph be withheld.".

AB1-SSA1-SA2,201,21 164. Page 48, line 10: after that line insert:

AB1-SSA1-SA2,201,22 " Section 150tg. 62.13 (5) (i) of the statutes is amended to read:

AB1-SSA1-SA2,203,2 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-SSA1-SA2,203,3 165. Page 48, line 10: after that line insert:

AB1-SSA1-SA2,203,4 " Section 150rm. 66.0137 (4) of the statutes is amended to read:

AB1-SSA1-SA2,203,10 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or a village provides health care benefits under its home rule power, or if a town provides health care benefits, to its officers and employees on a self-insured basis, the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.85, 632.853, 632.855, 632.87 (4) and (5), 632.89, 632.895 (9) to (14) (15), 632.896, and 767.25 (4m) (d).".

AB1-SSA1-SA2,203,11 166. Page 48, line 10: after that line insert:

AB1-SSA1-SA2,203,13 " Section 250b. 59.43 (1) (L) of the statutes, as affected by 2001 Wisconsin Act 10, is amended to read:

AB1-SSA1-SA2,204,7 59.43 (1) (L) File all documents pertaining to security interests, as defined in s. 401.201 (37) (a), that are required or authorized by law to be filed with the register. Except as otherwise prescribed by the department of financial institutions under subch. V of ch. 409, these documents shall be executed on white or light colored sheets of paper, 8 or 8.5 inches wide and 5, 7, 10.5, or 14 inches long. Whenever there is offered for filing any document that varies more than one-eighth inch from the approved size, or that is not on a standard form prescribed by ch. 409 or by the department of financial institutions, then in addition to the regular filing fee an additional filing fee shall be charged by the register of deeds, as prescribed by sub. (2). No assignment, release, or other instrument shall be offered for filing that is executed or endorsed on any other document, but each shall be a separate and distinct document, except those assignments or notices that are printed or written on and immediately following the original agreement or financing statement, offered for filing at the same time, shall be considered as one document. All of these documents shall be legibly written, and shall have the names of the debtor and secured party plainly printed or typed on the document and shall provide a space for filing data of the register of deeds on the outside of the document meeting the requirements set forth in sub. (2m) (b) 1. to 5.

AB1-SSA1-SA2, s. 150d Section 150d. 59.43 (1) (m), (n) and (o) of the statutes, as affected by 2001 Wisconsin Act 10, are amended to read:

AB1-SSA1-SA2,204,13 59.43 (1) (m) Except as otherwise provided in subchs. V and VII of ch. 409, keep Keep these chattel documents in consecutive numerical arrangement, for the inspection of all persons, endorsing on each document the document number and the date and time of reception.

AB1-SSA1-SA2,205,2 (n) Upon the filing of a financing statement or other document evidencing the creation of a security interest, as defined in s. 401.201 (37) (a), required to be filed or recorded with the register under s. 409.501 (1) (a), enter the name of each debtor alphabetically in indices, of which each page shall be divided into columns which shall contain the following information: number of the document, date and time of filing, name and address of debtor, name and address of secured party, name of the document, the amount if any, shown in the document, brief description of property, and the last column set aside for the entry of assignments, continuation statements, termination statements, foreclosure affidavits, extensions and releases pertaining to such financing statements or chattel security documents. If the financing statement evidences the creation of a security interest in fixtures, it also shall be entered in the tract index if one is kept in the county index the document in the real estate records index under sub. (9).

AB1-SSA1-SA2,205,10 (o) Except as otherwise provided in subch. V of ch. 409, upon Upon the filing of an assignment, continuation statement, termination statement, foreclosure affidavit, extension, or release pertaining to a filed financing statement or other chattel security document, enter the document number and the date and time of filing in the appropriate column of the indices referred to in par. (n) and on the same line as that on which the entry of the filed financing statement or other chattel security document appears index the document in the real estate records index under sub. (9).

AB1-SSA1-SA2, s. 150f Section 150f. 59.43 (1) (um) of the statutes is created to read:

AB1-SSA1-SA2,205,14 59.43 (1) (um) Submit that portion of recording and filing fees collected under sub. (2) (ag) 1. or (e) and not retained by the county to the land information board under s. 59.72 (5).

AB1-SSA1-SA2, s. 150h Section 150h. 59.43 (1) (um) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.

AB1-SSA1-SA2, s. 150m Section 150m. 59.43 (2) (ag) of the statutes, as affected by 1997 Wisconsin Act 27 and 2001 Wisconsin Acts 10 and 16, is repealed and recreated to read:

AB1-SSA1-SA2,205,22 59.43 (2) (ag) 1. Subject to s. 59.72 (5), for recording any instrument entitled to be recorded in the office of register of deeds, $11 for the first page and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).

AB1-SSA1-SA2,205,24 2. In the event of conflict in the statutes regarding recording fees, subd. 1. shall control.

AB1-SSA1-SA2,206,2 Section 150p . 59.43 (2) (ag) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

AB1-SSA1-SA2,206,8 59.43 (2) (ag) 1. For recording any instrument entitled to be recorded in the office of register of deeds, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b).

AB1-SSA1-SA2,206,10 2. In the event of conflict in the statutes regarding recording fees, subd. 1. shall control.

AB1-SSA1-SA2, s. 150r Section 150r. 59.43 (2) (e) of the statutes, as affected by 1997 Wisconsin Act 27 and 2001 Wisconsin Act 16, is repealed and recreated to read:

AB1-SSA1-SA2,206,15 59.43 (2) (e) Subject to s. 59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $11 for the first page and $2 for each additional page.

AB1-SSA1-SA2, s. 150t Section 150t. 59.43 (2) (e) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

AB1-SSA1-SA2,206,21 59.43 (2) (e) For filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $8 for the first page if the county maintains a land information office under s. 59.72 (3) and $4 for the first page if the county does not maintain such an office, and $2 for each additional page.

AB1-SSA1-SA2, s. 150v Section 150v. 59.72 (5) of the statutes, as affected by 2001 Wisconsin Act 16, is repealed and recreated to read:

AB1-SSA1-SA2,207,2 59.72 (5) Land record modernization funding. (a) Before the 16th day of each month a register of deeds shall submit to the land information board $7 from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. (b).

AB1-SSA1-SA2,207,5 (b) A county may retain $5 of the $7 submitted under par. (a) from the fee for recording or filing the first page of each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:

AB1-SSA1-SA2,207,6 1. The county has established a land information office under sub. (3).

AB1-SSA1-SA2,207,9 2. A land information office has been established for less than 2 years or has received approval for a countywide plan for land records modernization under sub. (3) (b).

AB1-SSA1-SA2,207,15 3. The county uses $4 of each $5 fee retained under this paragraph to develop, implement, and maintain the countywide plan for land records modernization, and $1 of each $5 fee retained under this paragraph to develop and maintain a computerized indexing of the county's land information records relating to housing, including the housing element of the county's land use plan under s. 66.1001 (2) (b), in a manner that would allow for greater public access through use of the Internet.

AB1-SSA1-SA2, s. 150w Section 150w. 59.72 (5) of the statutes, as affected by 1997 Wisconsin Act 27 and 2001 Wisconsin Act .... (this act), is repealed and recreated to read:

AB1-SSA1-SA2,207,21 59.72 (5) Land record modernization funding. A county that establishes a land information office shall use $4 of the $8 per page received under s. 59.43 (2) (ag) 1. and (e) to develop, implement, and maintain a countywide plan for land records modernization.".

AB1-SSA1-SA2,207,22 167. Page 48, line 10: after that line insert:

AB1-SSA1-SA2,207,23 " Section 150d. 59.692 (1) (bn) of the statutes is repealed.

AB1-SSA1-SA2, s. 150g Section 150g. 59.692 (1) (d) of the statutes is repealed.

AB1-SSA1-SA2, s. 150m Section 150m. 59.692 (1v) of the statutes is repealed.".

AB1-SSA1-SA2,208,2 168. Page 49, line 18: after that line insert:

AB1-SSA1-SA2,208,3 " Section 151e. 66.0218 of the statutes is created to read:

AB1-SSA1-SA2,208,5 66.0218 Direct annexation of certain town territory. (1) Definitions. In this section:

AB1-SSA1-SA2,208,6 (a) "Legal description" has the meaning given in s. 66.0217 (1) (c).

AB1-SSA1-SA2,208,7 (b) "Members-elect" has the meaning given in s. 59.001 (2m).

AB1-SSA1-SA2,208,8 (c) "Municipality" means a city, village, or town.

AB1-SSA1-SA2,208,11 (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-SSA1-SA2,208,12 (e) "Scale map" has the meaning given in s. 66.0217 (1) (g).

AB1-SSA1-SA2,208,15 (2) City, village ordinances. (a) Enactment. 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-SSA1-SA2,208,17 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 300,000.

AB1-SSA1-SA2,208,19 2. The annexing city or village is contiguous to more than 50% of the length of the territory to be annexed.

AB1-SSA1-SA2,208,22 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-SSA1-SA2,209,3 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-SSA1-SA2,209,8 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, except that such excluded areas of the border may not exceed 33% of the length of the boundary of the territory that is sought to be annexed.

AB1-SSA1-SA2,209,14 (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-SSA1-SA2,209,20 (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-SSA1-SA2,209,22 (d) Action to contest annexation. Section 66.0217 (11) applies to annexations under this section.

AB1-SSA1-SA2,209,24 (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-SSA1-SA2,210,2 169. Page 49, line 19: delete the material beginning with that line and ending with page 53, line 4.

AB1-SSA1-SA2,210,3 170. Page 53, line 4: after that line insert:

AB1-SSA1-SA2,210,4 " Section 153d. 66.0903 (10) (a) of the statutes is amended to read:

AB1-SSA1-SA2,210,21 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-SSA1-SA2, s. 153f Section 153f. 66.0903 (11) (a) of the statutes is amended to read:

AB1-SSA1-SA2,211,13 66.0903 (11) (a) Any contractor, subcontractor, or contractor's or subcontractor's agent who fails to pay the prevailing wage rate determined by the department under sub. (3) or who pays less than 1.5 times the hourly basic rate of pay for all hours worked in excess of the prevailing hours of labor is liable to any affected employee in the amount of his or her the employee's unpaid wages or his or her unpaid overtime compensation and in an additional equal amount as liquidated damages. An action to recover the liability may be maintained employee may recover that liability by filing a wage claim with the department under s. 109.09 (1) or by commencing an action under s. 109.03 (5) in any court of competent jurisdiction by any employee, for and in behalf of that employee and other employees similarly situated. No employee may be a party plaintiff to the an action commenced under s. 109.03 (5) unless the employee consents in writing to become a party and the consent is filed in the court in which the action is brought. Notwithstanding s. 814.04 (1), the court shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorney fees and costs to be paid by the defendant.".

AB1-SSA1-SA2,211,14 171. Page 53, line 4: after that line insert:

AB1-SSA1-SA2,211,15 " Section 152d. 66.0617 (1) (a) of the statutes is amended to read:

AB1-SSA1-SA2,212,2 66.0617 (1) (a) "Capital costs" means the capital costs to purchase, construct, expand, or improve public facilities, including the cost of land, including the costs of conducting the needs assessment that is described under sub. (4) and of preparing an impact fee ordinance, and including legal, engineering, and design costs to construct, expand, or improve public facilities, except that not more than 10% of capital costs may consist of legal, engineering, and design costs unless the political subdivision or school district can demonstrate that its legal, engineering, and design costs which relate directly to the public improvement for which the impact fees were imposed exceed 10% of capital costs. "Capital costs" does not include other noncapital costs to construct, expand or improve public facilities or the costs of equipment to construct, expand or improve public facilities.

AB1-SSA1-SA2, s. 152db Section 152db. 66.0617 (1) (c) of the statutes is amended to read:

AB1-SSA1-SA2,212,6 66.0617 (1) (c) "Impact fees" means cash contributions, contributions of land or interests in land or any other items of value that are imposed on a developer by a political subdivision or school district under this section.

AB1-SSA1-SA2, s. 152dc Section 152dc. 66.0617 (1) (d) of the statutes is amended to read:

AB1-SSA1-SA2,212,12 66.0617 (1) (d) "Land development" means the construction or modification of improvements to real property that creates additional residential dwelling units within a political subdivision or school district or that results in nonresidential uses that create a need for new, expanded, or improved public facilities within a political subdivision or school district.

AB1-SSA1-SA2, s. 152dd Section 152dd. 66.0617 (1) (f) of the statutes is amended to read:

AB1-SSA1-SA2,212,23 66.0617 (1) (f) "Public facilities" means includes highways, as defined in s. 340.01 (22), and other transportation facilities, traffic control devices, facilities for collecting and treating sewage, facilities for collecting and treating storm and surface waters, facilities for pumping, storing, and distributing water, parks, athletic fields, playgrounds and other recreational facilities, solid waste and recycling facilities, fire protection facilities, fire fighting apparatus, law enforcement facilities, emergency medical facilities, public school facilities, and libraries except that, with regard to counties, "public facilities" does not include highways, as defined in s. 340.01 (22), other transportation facilities or traffic control devices. "Public facilities" does not include facilities owned by a school district.

AB1-SSA1-SA2, s. 152de Section 152de. 66.0617 (1) (g) of the statutes is amended to read:

AB1-SSA1-SA2,213,2 66.0617 (1) (g) "Service area" means a geographic area delineated by a political subdivision or school district within which there are public facilities.

AB1-SSA1-SA2, s. 152df Section 152df. 66.0617 (1) (h) of the statutes is amended to read:

AB1-SSA1-SA2,213,6 66.0617 (1) (h) "Service standard" means a certain quantity or quality of public facilities relative to a certain number of persons, parcels of land , or other appropriate measure, as specified by the political subdivision or school district.

AB1-SSA1-SA2, s. 152dg Section 152dg. 66.0617 (2) (a) of the statutes is amended to read:

AB1-SSA1-SA2,213,12 66.0617 (2) (a) Subject to par. (am), a A political subdivision may enact an ordinance under this section that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development. A school district may adopt a resolution under this section that imposes impact fees on developers to pay for the capital costs that are necessary to accommodate land development.

AB1-SSA1-SA2, s. 152dh Section 152dh. 66.0617 (2) (am) of the statutes is repealed.

AB1-SSA1-SA2, s. 152di Section 152di. 66.0617 (2) (b) of the statutes is amended to read:

AB1-SSA1-SA2,213,20 66.0617 (2) (b) Subject to par. (c), this This section does not prohibit or limit the authority of a political subdivision or school district to finance public facilities by any other means authorized by law, except that the amount of an impact fee imposed by a political subdivision shall be reduced, under sub. (6) (d), to compensate for any other costs of public facilities imposed by the political subdivision on developers to provide or pay for capital costs.

AB1-SSA1-SA2, s. 152dj Section 152dj. 66.0617 (2) (c) of the statutes is repealed.

AB1-SSA1-SA2, s. 152dk Section 152dk. 66.0617 (3) of the statutes is amended to read:

AB1-SSA1-SA2,214,4 66.0617 (3) Public hearing; notice. Before enacting an ordinance or adopting a resolution that imposes impact fees, or amending an existing ordinance or resolution that imposes impact fees, a political subdivision or school district shall hold a public hearing on the proposed ordinance or resolution or amendment. Notice of the public hearing shall be published as a class 1 notice under ch. 985, and shall specify where a copy of the proposed ordinance or resolution or amendment and the public facilities needs assessment may be obtained.

AB1-SSA1-SA2, s. 152dL Section 152dL. 66.0617 (4) (a) (intro.) of the statutes is amended to read: