AB40: Bill Text

AB40,1013,9 137.01 (1) (b) The secretary of state financial institutions shall satisfy himself or herself that the applicant has the equivalent of an 8th grade education, is familiar with the duties and responsibilities of a notary public and, subject to ss. 111.321, 111.322 and 111.335, does not have an arrest or conviction record.

AB40, s. 2628 Section 2628. 137.01 (1) (d) of the statutes is amended to read:

AB40,1013,14 137.01 (1) (d) Qualified applicants shall be notified by the secretary of state department of financial institutions to take and file the official oath and execute and file an official bond in the sum of $500, with a surety executed by a surety company and approved by the secretary of state financial institutions.

AB40, s. 2629 Section 2629. 137.01 (1) (e) of the statutes is amended to read:

AB40,1013,18 137.01 (1) (e) The qualified applicant shall file his or her signature, post-office address and an impression of his or her official seal, or imprint of his or her official rubber stamp with the secretary of state department of financial institutions.

AB40, s. 2630 Section 2630. 137.01 (1) (g) of the statutes is amended to read:

AB40,1013,22 137.01 (1) (g) At least 30 days before the expiration of a commission the secretary of state department of financial institutions shall mail notice of the expiration date to the holder of a commission.

AB40, s. 2631 Section 2631. 137.01 (2) (a) of the statutes is amended to read:

AB40,1014,5 137.01 (2) (a) Except as provided in par. (am), any United States resident who is licensed to practice law in this state is entitled to a permanent commission as a notary public upon application to the secretary of state department of financial institutions and payment of a $50 fee. The application shall include a certificate of good standing from the supreme court, the signature and post-office address of the applicant and an impression of the applicant's official seal, or imprint of the applicant's official rubber stamp.

AB40, s. 2632 Section 2632. 137.01 (2) (am) of the statutes is amended to read:

AB40,1014,14 137.01 (2) (am) If a United States resident has his or her license to practice law in this state suspended or revoked, upon reinstatement of his or her license to practice law in this state, the person may be entitled to receive a certificate of appointment as a notary public for a term of 4 years. An eligible notary appointed under this paragraph is entitled to reappointment for 4-year increments. At least 30 days before the expiration of a commission under this paragraph the secretary of state department of financial institutions shall mail notice of the expiration date to the holder of the commission.

AB40, s. 2633 Section 2633. 137.01 (2) (b) of the statutes is amended to read:

AB40,1014,19 137.01 (2) (b) The secretary of state financial institutions shall issue a certificate of appointment as a notary public to persons who qualify under the requirements of this subsection. The certificate shall state that the notary commission is permanent or is for 4 years.

AB40, s. 2634 Section 2634. 137.01 (2) (c) of the statutes is amended to read:

AB40,1014,24 137.01 (2) (c) The supreme court shall file with the secretary of state department of financial institutions notice of the surrender, suspension or revocation of the license to practice law of any attorney who holds a permanent commission as a notary public. Such notice shall be deemed a revocation of said commission.

AB40, s. 2635 Section 2635. 137.01 (6) (a) of the statutes is amended to read:

AB40,1015,3 137.01 (6) (a) The secretary of state financial institutions may certify to the official qualifications of any notary public and to the genuineness of the notary public's signature and seal or rubber stamp.

AB40, s. 2636 Section 2636. 137.01 (6m) of the statutes is amended to read:

AB40,1015,8 137.01 (6m) Change of residence. A notary public does not vacate his or her office by reason of his or her change of residence within the United States. Written notice of any change of address shall be given to the secretary of state department of financial institutions within 10 days of the change.

AB40, s. 2637 Section 2637. 137.01 (7) of the statutes is amended to read:

AB40,1015,20 137.01 (7) Official records to be filed. When any notary public ceases to hold office, the notary public, or in case of the notary public's death the notary public's personal representative, shall deposit the notary public's official records and papers in the office of the secretary of state with the department of financial institutions. If the notary or personal representative, after the records and papers come to his or her hands, neglects for 3 months to deposit them, he or she shall forfeit not less than $50 nor more than $500. If any person knowingly destroys, defaces, or conceals any records or papers of any notary public, the person shall forfeit not less than $50 nor more than $500, and shall be liable for all damages resulting to the party injured. The secretary of state department of financial institutions shall receive and safely keep all such papers and records.

AB40, s. 2638 Section 2638. 145.01 (4) of the statutes is amended to read:

AB40,1015,23 145.01 (4) Department. "Department" means the department of commerce safety and professional services.

AB40, s. 2639 Section 2639. 145.02 (4) (a) of the statutes is amended to read:

AB40,1016,6 145.02 (4) (a) The department shall prescribe rules as to the qualifications, examination and licensing of master and journeyman plumbers and restricted plumber licensees, for the licensing of utility contractors, for the registration of plumbing apprentices and pipe layers and for the registration and training of registered learners. The plumbers council, created under s. 15.157 (6) 15.407 (16), shall advise the department in formulating the rules.

AB40, s. 2640 Section 2640. 145.17 (2) of the statutes is amended to read:

AB40,1016,13 145.17 (2) The department shall prescribe rules as to the qualifications, examination and licensing of journeymen automatic fire sprinkler system fitters and automatic fire sprinkler contractors and for the registration and training of automatic fire sprinkler system apprentices. The automatic fire sprinkler system contractors and journeymen council, created under s. 15.157 (9) 15.407 (17), shall advise the department in formulating the rules.

AB40, s. 2641 Section 2641. 145.20 (5) (c) of the statutes is amended to read:

AB40,1016,21 145.20 (5) (c) The department of natural resources may suspend or revoke a license issued under s. 281.48 or a certificate issued under s. 281.17 (3) to the operator of a septage servicing vehicle if the department of natural resources finds that the licensee or operator falsified information on inspection forms. The department of commerce safety and professional services may suspend or revoke the license of a plumber licensed under this chapter if the department finds that the plumber falsified information on inspection forms.

AB40, s. 2642 Section 2642. 145.245 (12m) (e) of the statutes is amended to read:

AB40,1017,2 145.245 (12m) (e) The department of commerce safety and professional services 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).

AB40, s. 2643 Section 2643. 145.245 (12m) (f) of the statutes is amended to read:

AB40,1017,11 145.245 (12m) (f) The department of administration, in consultation with the department of commerce safety and professional services, 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.

AB40, s. 2644 Section 2644. 145.245 (12m) (g) of the statutes is amended to read:

AB40,1017,17 145.245 (12m) (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 safety and professional services, shall establish procedures for disbursing loans.

AB40, s. 2645 Section 2645. 145.245 (12m) (h) of the statutes is amended to read:

AB40,1018,3 145.245 (12m) (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 safety and professional services, 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 safety and professional services of that action.

AB40, s. 2646 Section 2646. 146.085 (3) of the statutes is amended to read:

AB40,1018,7 146.085 (3) Enforcement. The department, the department of commerce safety and professional services, and the public service commission shall enforce this section within their respective jurisdictions.

AB40, s. 2647 Section 2647. 146.40 (4r) (em) of the statutes is amended to read:

AB40,1018,13 146.40 (4r) (em) If the department receives a report under par. (a) or (am) and determines that an individual who is the subject of the report holds a credential that is related to the individual's employment at, or contract with, the entity, the department shall refer the report to the department of regulation and licensing safety and professional services.

AB40, s. 2648 Section 2648. 146.59 (2) (b) of the statutes is amended to read:

AB40,1018,19 146.59 (2) (b) If a contractual services agreement is terminated under s. 233.04 (4m) (b), the University of Wisconsin Hospitals and Clinics Board may negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority or the board of regents Board of Trustees of the University of Wisconsin System Wisconsin–Madison under s. 233.04 (4m) (b).

AB40, s. 2649 Section 2649. 146.83 (1c) (a) of the statutes is created to read:

AB40,1018,23 146.83 (1c) (a) Inspect the health care records of a health care provider pertaining to that patient at any time during regular business hours, upon reasonable notice.

AB40, s. 2650 Section 2650. 146.83 (1c) (b) of the statutes is created to read:

AB40,1019,2 146.83 (1c) (b) Receive a copy of the patient's health care records upon payment of fees, as established by rule under sub. (3f).

AB40, s. 2651 Section 2651. 146.83 (1c) (c) of the statutes is created to read:

AB40,1019,6 146.83 (1c) (c) Receive a copy of the health care provider's X-ray reports or have the X-rays referred to another health care provider of the patient's choice upon payment of fees, as established by rule under sub. (3f).

AB40, s. 2652 Section 2652. 146.83 (1d) of the statutes is renumbered 146.83 (1c) (intro.) and amended to read:

AB40,1019,16 146.83 (1c) (intro.) Except as provided in s. 51.30 or 146.82 (2), any patient or person authorized by the patient may, upon submitting a statement of informed consent, inspect the health care records of a health care provider pertaining to that patient. Except as provided in sub. (1g), the health care provider shall make the records available for inspection by the patient or person authorized by the patient during regular business hours, after the health care provider receives notice from the patient or person authorized by the patient. A health care provider may not charge a fee for inspection under this subsection.:

AB40, s. 2653 Section 2653. 146.83 (1f) (a) of the statutes is repealed.

AB40, s. 2654 Section 2654. 146.83 (1f) (b) of the statutes is repealed.

AB40, s. 2655 Section 2655. 146.83 (1f) (c) of the statutes is repealed.

AB40, s. 2656 Section 2656. 146.83 (1f) (d) 1. of the statutes is renumbered 146.83 (1f) (am) and amended to read:

AB40,1020,3 146.83 (1f) (am) If a patient or person authorized by the patient requests copies of the patient's health care records under this subsection section for use in appealing a denial of social security disability insurance, under 42 USC 401 to 433, or supplemental security income, under 42 USC 1381 to 1385, the health care provider may charge the patient or person authorized by the patient no more than the amount that the federal social security administration reimburses the department for copies of patient health care records.

AB40, s. 2657 Section 2657. 146.83 (1f) (d) 2. of the statutes is renumbered 146.83 (1f) (bm) and amended to read:

AB40,1020,14 146.83 (1f) (bm) Except as provided in sub. (1g), a health care provider may not charge a fee for providing one set of copies of a patient's health care records under this subsection section if the patient is eligible for medical assistance, as defined in s. 49.43 (8). A health care provider may require that a patient or person authorized by the patient provide proof that the patient is eligible for medical assistance before providing copies under this subdivision without charge. A health care provider may charge the fees under par. (c) established by rule under sub. (1c) for providing a 2nd or additional set of copies of patient health care records for a patient who is eligible for medical assistance.

AB40, s. 2658 Section 2658. 146.83 (1g) of the statutes is amended to read:

AB40,1020,21 146.83 (1g) The time limit for making records available for inspection and for providing copies of records under sub. (1d), the time limits for providing copies of records under sub. (1f) (a) and (b), (1c) and the requirement under sub. (1f) (d) 2. (bm) to provide one set of copies of records without charge if the patient is eligible for medical assistance do not apply if the health care provider is the department or the department of corrections.

AB40, s. 2659 Section 2659. 146.83 (1h) of the statutes is repealed.

AB40, s. 2660 Section 2660. 146.83 (1k) of the statutes is repealed.

AB40, s. 2661 Section 2661. 146.83 (1m) of the statutes is renumbered 146.83 (1m) (a).

AB40, s. 2662 Section 2662. 146.83 (1m) (b) of the statutes is created to read:

AB40,1021,2 146.83 (1m) (b) The health care provider under par. (a) may be charged reasonable costs for the provision of the patient's health care records.

AB40, s. 2663 Section 2663. 146.83 (3f) of the statutes is created to read:

AB40,1021,11 146.83 (3f) (a) The department shall, by rule, prescribe fees that are based on an approximation of actual costs. The fees, plus applicable tax, are the maximum amount that a health care provider may charge under sub. (1c) (b) for duplicate patient health care records and under sub. (1c) (c) for duplicate X-ray reports or the referral of X-rays to another health care provider of the patient's choice. The rule shall also permit the health care provider to charge for actual postage or other actual delivery costs. In determining the approximation of actual costs for the purposes of this subsection, the department may consider all of the following factors:

AB40,1021,13 1. Operating expenses, such as wages, rent, utilities, and duplication equipment and supplies.

AB40,1021,15 2. The varying cost of retrieval of records, based on the different media on which the records are maintained.

AB40,1021,17 3. The cost of separating requested patient health care records from those that are not requested.

AB40,1021,18 4. The cost of duplicating requested patient health care records.

AB40,1021,19 5. The impact on costs of advances in technology.

AB40,1021,21 (b) By July 1, 2014, and every 3 years thereafter, the department shall revise the rules under par. (a) to account for increases or decreases in actual costs.

AB40, s. 2664 Section 2664. 146.84 (2) (a) 1. of the statutes is amended to read:

AB40,1021,24 146.84 (2) (a) 1. Requests or obtains confidential information under s. 146.82 or 146.83 (1d), (1f), or (1h) (1c) under false pretenses.

AB40, s. 2665 Section 2665. 150.31 (5m) of the statutes is amended to read:

AB40,1022,4 150.31 (5m) The department shall decrease the statewide bed limit specified in sub. (1) to account for any reduction in the approved bed capacity of a skilled nursing facility operated by the department of veterans affairs under s. 45.50 (1), as specified in s. 45.50 (10).

AB40, s. 2666 Section 2666. 150.84 (3) of the statutes is amended to read:

AB40,1022,8 150.84 (3) "Health care provider" means any person licensed, registered, permitted or certified by the department or by the department of regulation and licensing safety and professional services to provide health care services in this state.

AB40, s. 2667 Section 2667. 153.60 (1) of the statutes is amended to read:

AB40,1023,3 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this subchapter for the department for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and contracting with the data organization under s. 153.05 (2r). The department shall assess the estimated total amount for that fiscal year, less the estimated total amount to be received for purposes of administration of this subchapter under s. 20.435 (1) (hi) during the fiscal year and the unencumbered balance of the amount received for purposes of administration of this subchapter under s. 20.435 (1) (hi) from the prior fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this subchapter in a manner specified by the department by rule. The department shall work together with the department of regulation and licensing safety and professional services to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. All payments of assessments shall be credited to the appropriation under s. 20.435 (1) (hg).

AB40, s. 2668 Section 2668. 157.061 (5) of the statutes is amended to read:

AB40,1023,6 157.061 (5) "Department" means the department of regulation and licensing safety and professional services.

AB40, s. 2669 Section 2669. 157.11 (9m) of the statutes is amended to read:

AB40,1023,11 157.11 (9m) Action by district attorney. If any money or property is not turned over when required by this section, or default occurs under a bond, the district attorney, upon the request of the department of regulation and licensing safety and professional services, shall bring action to recover.

AB40, s. 2670 Section 2670. 157.12 (1) of the statutes is amended to read:

AB40,1023,14 157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section, "department" means the department of commerce safety and professional services.

AB40, s. 2671 Section 2671. 157.12 (3) (b) of the statutes is amended to read:

AB40,1023,25 157.12 (3) (b) The cemetery's treasurer is the custodian of the fund. The treasurer shall file with the cemetery, at the cemetery's expense, a bond with sureties approved by the department of regulation and licensing safety and professional services to indemnify the cemetery against loss if the treasurer fails to maintain the fund. No indemnity is required if the terms of sale of a mausoleum space require the purchaser to pay directly to a trust company in the state, designated by the cemetery as custodian of the fund. The fund shall be invested as provided in s. 157.19. Income from investment may be used only to maintain the mausoleum, except that if the amount of income exceeds the amount necessary to properly maintain the mausoleum the excess amount may be used to maintain any portion of the cemetery.