Amendment JR2 SA2-SSA1-AB1

AB1-SSA1-SA2,342,20 CHAPTER 150

AB1-SSA1-SA2,342,21 SUBCHAPTER VI

AB1-SSA1-SA2,342,24 MORATORIUM ON CONSTRUCTION OF HOSPITAL BEDS and ambulatory surgery center limitations

AB1-SSA1-SA2, s. 336q Section 336q. 150.93 (1) of the statutes is renumbered 150.935 (1).

AB1-SSA1-SA2, s. 336r Section 336r. 150.93 (2) to (5) of the statutes are repealed.

AB1-SSA1-SA2, s. 336rd Section 336rd. 150.935 of the statutes is created to read:

AB1-SSA1-SA2,343,6 150.935 Limitations on hospitals and ambulatory surgery centers. (2) As a condition of hospital approval under s. 50.35, no person may, by or on behalf of a hospital, do any of the following:

AB1-SSA1-SA2,343,9 (a) Increase, or obligate for a capital expenditure to increase, the number of approved beds of the hospital that are available on the effective date of this paragraph .... [revisor inserts date].

AB1-SSA1-SA2,343,13 (b) Expand an existing service of the hospital, unless the primary purpose of the expanded service is to provide free or reduced-cost health or dental care to individuals who are determined by the department to be underserved or to have low income.

AB1-SSA1-SA2,343,14 (c) Engage in construction, except for the purpose of any of the following:

AB1-SSA1-SA2,343,16 1. Consolidation of hospitals, if the consolidation does not increase the number of available beds of the hospitals.

AB1-SSA1-SA2,343,18 2. As a response to damage caused by a natural disaster, including an earthquake, or by a fire.

AB1-SSA1-SA2,343,20 3. To eliminate a threat to the safety to patients, staff, or the general public that is due to a physical defect of the hospital.

AB1-SSA1-SA2,343,23 (d) 1. Before January 1, 2003, engage in upgrading renovation, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the hospital.

AB1-SSA1-SA2,344,4 2. If a hospital seeks an opinion from the department concerning whether a proposed project of the hospital violates subd. 1., the department shall issue the opinion. If the hospital, after completing the project, is found to be in violation of subd. 1., the violation does not affect the status of the hospital's approval under s. 50.35 unless the actual, completed project differs materially from the proposed project for which the department issued an opinion.

AB1-SSA1-SA2,344,6 (3) As a condition of hospital approval under s. 50.35, a hospital shall do all of the following:

AB1-SSA1-SA2,344,10 (a) If the hospital is certified under s. 49.45 (2) (a) 11. as a provider of medical assistance or certified as a provider of services under medicare, as defined in s. 49.45 (3) (L) 1. b., or if the hospital obtains this certification, accept as patients individuals who are medical assistance recipients or medicare beneficiaries.

AB1-SSA1-SA2,344,17 (b) Operate a 24-hour emergency room or, for a hospital approved under s. 50.35 as of the effective date of this paragraph .... [revisor inserts date], have in effect an agreement with another hospital with a 24-hour emergency room under which that other hospital consents to receive patients in need of emergency care that are transferred to it by the hospital that does not operate a 24-hour emergency room. This paragraph does not apply to a hospital that is an inpatient facility, as defined in s. 51.01 (10) or that is certified under s. 49.45 (2) (a) 11. as a rehabilitation hospital.

AB1-SSA1-SA2,344,19 (4) No person may, by or on behalf of an ambulatory surgery center, do any of the following:

AB1-SSA1-SA2,344,23 (a) Expand an existing service of the ambulatory surgery center unless the primary purpose of the new service is to provide free or reduced-cost health or dental care to individuals who are determined by the department to be underserved or to have low income.

AB1-SSA1-SA2,344,24 (b) Engage in construction, except for the purposes of any of the following:

AB1-SSA1-SA2,345,2 1. As a response to damage caused by a natural disaster, including an earthquake, or by a fire.

AB1-SSA1-SA2,345,4 2. To eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the ambulatory surgery center.

AB1-SSA1-SA2,345,8 (c) 1. Before January 1, 2003, engage in upgrading renovation, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the ambulatory surgery center.

AB1-SSA1-SA2,345,15 2. If an ambulatory surgery center seeks an opinion from the department concerning whether a proposed project of the ambulatory surgery center violates subd. 1., the department shall issue the opinion. If the opinion of the department is that the proposed project does not violate subd. 1., an ambulatory surgery center, after completing the project, may not be found to be in violation of subd. 1. unless the actual, completed project differs materially from the proposed project for which the department issued the opinion.

AB1-SSA1-SA2,345,20 (5) If an ambulatory surgery center is certified under s. 49.45 (2) (a) 11. as a provider of medical assistance or certified as a provider of services under medicare, as defined in s. 49.45 (3) (L) 1. b., or if an ambulatory surgery center obtains this certification, the ambulatory surgery center shall accept as patients individuals who are medical assistance recipients or medicare beneficiaries.

AB1-SSA1-SA2,345,22 (6) The department shall promulgate as a rule a definition of "upgrading renovation," for the purposes of subs. (2) (d) 1. and (4) (c) 1.

AB1-SSA1-SA2,346,2 (7) The department may, under s. 50.35, revoke or suspend approval for a hospital that violates sub. (2) or fails to comply with sub. (3) or 2002 Wisconsin Act .... (this act), section 9123 (5qr), after giving reasonable notice, a fair hearing, and, if appropriate as determined by the department, a reasonable opportunity to comply.

AB1-SSA1-SA2, s. 336rf Section 336rf. 150.935 (2) (d) 1. of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,346,8 150.935 (2) (d) 1. Before January 1, 2003, engage Engage in upgrading renovation, as defined by rule by the department, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the hospital.".

AB1-SSA1-SA2, s. 336rh Section 336rh. 150.935 (4) (c) 1. of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,346,14 150.935 (4) (c) 1. Before January 1, 2003, engage Engage in upgrading renovation, as defined by rule by the department, except for routine maintenance or maintenance to eliminate a threat to the safety of patients, staff, or the general public that is due to a physical defect of the ambulatory surgery center.

AB1-SSA1-SA2, s. 336rL Section 336rL. 150.935 (7) of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

AB1-SSA1-SA2,346,21 150.935 (7) The department may, under s. 50.35, revoke or suspend approval for a hospital that violates sub. (2) or fails to comply with sub. (3) or 2002 Wisconsin Act .... (this act), section 9123 (5qr), after giving reasonable notice, a fair hearing, and, if appropriate as determined by the department, a reasonable opportunity to comply.".

AB1-SSA1-SA2,346,22 391. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,346,23 " Section 388nc. 160.257 of the statutes is created to read:

AB1-SSA1-SA2,347,2 160.257 Exceptions for aquifer storage and recovery systems. (1) In this section:

AB1-SSA1-SA2,347,4 (a) "Aquifer storage and recovery system" means all of the aquifer storage and recovery wells and related appurtenances that are part of a municipal water system.

AB1-SSA1-SA2,347,7 (b) "Aquifer storage and recovery well" means a well through which treated drinking water is placed underground for the purpose of storing and later recovering the water through the same well for use as drinking water.

AB1-SSA1-SA2,347,11 (c) "Municipal water system" means a community water system, as defined in s. 281.62 (1) (a), that is owned by a city, village, town, county, town sanitary district, utility district, public inland lake protection and rehabilitation district, or municipal water district, or by a privately owned water utility serving any of the foregoing.

AB1-SSA1-SA2,347,12 (d) "Specified substance" means one of the following:

AB1-SSA1-SA2,347,13 1. Chloroform.

AB1-SSA1-SA2,347,14 2. Bromodichloromethane.

AB1-SSA1-SA2,347,15 3. Dibromochloromethane.

AB1-SSA1-SA2,347,16 4. Bromoform.

AB1-SSA1-SA2,347,19 (e) "Treated drinking water" means potable water that has been treated so that it complies with the primary drinking water standards promulgated under ss. 280.11 and 281.17 (8).

AB1-SSA1-SA2,348,2 (2) Notwithstanding s. 160.19 (1) and (2), the department is not required to promulgate or amend rules that define design or management criteria for aquifer storage and recovery systems to minimize the amount of a specified substance in groundwater or to maintain compliance with the preventive action limit for a specified substance, however, the department shall promulgate rules that define design or management criteria for aquifer storage and recovery systems to maintain compliance with drinking water standards promulgated under ss. 280.11 and 281.17 (8).

AB1-SSA1-SA2,348,6 (3) Notwithstanding s. 160.21 (2), the point of standards application for an aquifer storage and recovery well with respect to a specified substance is 1,200 feet from the aquifer storage and recovery well and at any other well that is within 1,200 feet from the aquifer storage and recovery well.".

AB1-SSA1-SA2,348,7 392. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,348,8 " Section 338r. 165.755 (1) (b) of the statutes is amended to read:

AB1-SSA1-SA2,348,13 165.755 (1) (b) A court may not impose the crime laboratories and drug law enforcement assessment under par. (a) for a violation of s. 101.123 (2) (a), (am) 1., (ar) or (bm) or (5) (b) or for a violation of a state law or municipal or county ordinance involving a nonmoving traffic violation, a headlamp violation under s. 347.065 (1), or a safety belt use violation under s. 347.48 (2m).".

AB1-SSA1-SA2,348,14 393. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,348,15 " Section 338g. 165.065 (2) of the statutes is amended to read:

AB1-SSA1-SA2,348,23 165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade and consumer protection in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.

AB1-SSA1-SA2, s. 338m Section 338m. 165.25 (4) (ar) of the statutes, as affected by 2001 Wisconsin Act 16, section 2856b, is amended to read:

AB1-SSA1-SA2,349,11 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade and consumer protection in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and 100.01 to 100.03, 100.05 to 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.

AB1-SSA1-SA2, s. 338r Section 338r. 165.25 (11) of the statutes is created to read:

AB1-SSA1-SA2,349,17 165.25 (11) Consumer protection administration and enforcement. Administer and enforce ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and chs. 136, 344, 704, 707, and 779. The department may issue general or special orders in administering and enforcing these provisions.".

AB1-SSA1-SA2,349,18 394. Page 173, line 16: after that line insert:

AB1-SSA1-SA2,349,20 " Section 338dg. 165.055 (1) of the statutes is renumbered 165.055 and amended to read:

AB1-SSA1-SA2,350,2 165.055 Appointments. The attorney general may appoint a deputy attorney general and assistants assistant attorneys general, each of whom shall be an attorney at law admitted to practice in this state. Such appointments shall be made in writing and filed in the office of the secretary of state, and such appointees shall take and subscribe the constitutional oath of office which shall also be filed. Appointees shall perform such duties as the attorney general prescribes.

AB1-SSA1-SA2, s. 338dh Section 338dh. 165.055 (2) of the statutes is repealed.

AB1-SSA1-SA2, s. 338di Section 338di. 165.055 (4) of the statutes is repealed.".

AB1-SSA1-SA2,350,5 395. Page 176, line 3: after that line insert:

AB1-SSA1-SA2,350,6 " Section 340e. 166.08 (4) (a) of the statutes is amended to read:

AB1-SSA1-SA2,350,16 166.08 (4) (a) All state officers, subject to such regulations as the governor, or other official authorized under the constitution or this section to exercise the powers and discharge the duties of the office of governor, may issue, shall , in addition to any deputy authorized to exercise all of the powers and discharge the duties of the office, designate by title emergency interim successors and specify their order of succession. The officer shall review and revise, as necessary, designations made pursuant to this section to ensure their current status. The officer shall designate a sufficient number of emergency interim successors so that there will be not less than 3 nor more than 7 deputies or emergency interim successors or any combination of deputies or emergency interim successors, at any time.

AB1-SSA1-SA2, s. 340m Section 340m. 166.08 (4) (b) (intro.) of the statutes is amended to read:

AB1-SSA1-SA2,350,23 166.08 (4) (b) (intro.) If any state officer is unavailable following an attack, and if his or her deputy, if any, is also unavailable, the powers of his or her office shall be exercised and the duties of his or her office shall be discharged by his or her designated emergency interim successors in the order specified. The emergency interim successor shall exercise the powers and discharge the duties of the office only until any of the following occurs:

AB1-SSA1-SA2, s. 340r Section 340r. 166.08 (4) (b) 3. of the statutes is amended to read:

AB1-SSA1-SA2,351,3 166.08 (4) (b) 3. An officer, the officer's deputy or a preceding named emergency interim successor becomes available to exercise, or resume the exercise of, the powers and discharge the duties of the office.".

AB1-SSA1-SA2,351,4 396. Page 176, line 20: after that line insert:

AB1-SSA1-SA2,351,5 " Section 342pb. 174.001 (2j) of the statutes is created to read:

AB1-SSA1-SA2,351,9 174.001 (2j) "Intergovernmental commission" means an intergovernmental commission formed by contract under s. 66.0301 (2) by all of the municipalities in a county with a population of 500,000 or more for the purpose of providing animal control services.

AB1-SSA1-SA2, s. 342pd Section 342pd. 174.052 of the statutes is amended to read:

AB1-SSA1-SA2,351,16 174.052 Publication of the dog license requirement and rabies vaccination requirement. (1) January notice. The Except as provided in sub. (3), the county board of each county shall cause a class 1 notice under ch. 985 to be published between January 1 and January 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes.

AB1-SSA1-SA2,351,21 (2) March notice. The Except as provided in sub. (3), the county board of each county shall cause a class 1 notice under ch. 985 to be published between March 1 and March 15 of each year in a newspaper having general circulation in the county notifying the public that rabies vaccinations and dog licenses are required under the statutes and that late fees may be assessed after April 1.

AB1-SSA1-SA2, s. 342pf Section 342pf. 174.052 (3) of the statutes is created to read:

AB1-SSA1-SA2,352,3 174.052 (3) Notice in certain populous counties. In a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall cause the notices under subs. (1) and (2) to be published.

AB1-SSA1-SA2, s. 342ph Section 342ph. 174.06 (3) of the statutes is renumbered 174.06 (3) (a) and amended to read:

AB1-SSA1-SA2,352,13 174.06 (3) (a) A Except as provided in par. (b), a listing official who is not a full-time, salaried municipal employee shall receive as compensation 50 cents for each dog listed, or a greater amount established by the county board by ordinance or resolution, to be audited and allowed by the county board as other claims against the county and to be paid out of the dog license fund. A listing official who is a full-time, salaried municipal employee shall receive this compensation from the county board but shall be required to pay the compensation into the town, village, or city treasury.

AB1-SSA1-SA2, s. 342pj Section 342pj. 174.06 (3) (b) of the statutes is created to read:

AB1-SSA1-SA2,352,17 174.06 (3) (b) In a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission shall pay the compensation required under par. (a).

AB1-SSA1-SA2, s. 342L Section 342L. 174.065 (1) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:

AB1-SSA1-SA2,353,5 174.065 (1) Collecting official. The collecting official is any city, village, or town treasurer or other tax collecting officer or any person deputized by the treasurer or tax collecting official, unless the common council or village or town board provides by ordinance or resolution for the appointment of a different person. Veterinarians and humane societies may voluntarily become collecting officials for a city, village, or town if the governing body of the city, village, or town by resolution or ordinance provides that veterinarians and humane societies may be collecting officials for the city, village, or town. In a county in which an agreement under s. 174.10 (2) is in effect, the intergovernmental commission is also a collecting official for a city, village, or town if the governing body of the city, village, or town by resolution or ordinance provides that the intergovernmental commission is a collecting official.

AB1-SSA1-SA2, s. 342pn Section 342pn. 174.07 (2) (e) of the statutes is created to read:

AB1-SSA1-SA2,353,8 174.07 (2) (e) Notwithstanding pars. (a) to (d), in a county in which an agreement under s. 174.10 (2) is in effect, all of the following apply:

AB1-SSA1-SA2,353,10 1. The department shall provide tags and, upon request, license blanks to the intergovernmental commission, rather than to the county clerk.

AB1-SSA1-SA2,353,12 2. The intergovernmental commission shall pay the costs out of the dog license fund.

AB1-SSA1-SA2,353,14 3. The intergovernmental commission shall distribute tags and license blanks to the other collecting officials.