150.11 (5) The department may reject the application for approval of a project operated by any person who has repeatedly been subject to the penalties specified in this section or may impose restrictions as part of its approval to ensure compliance with subchs. I, and II and III.
27,4387m
Section 4387m. 150.31 (5m) of the statutes is created to read:
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 the nursing home operated at the Wisconsin Veterans Home at King, as specified in s. 45.375 (2).
27,4387n
Section 4387n. 150.31 (5r) of the statutes is created to read:
150.31 (5r) The department shall decrease the statewide bed limit specified in sub. (1) by the number of any beds that a nursing home shall agree to reduce in order to convert a separate area of its total area to an assisted living facility under s. 50.034 (4) (b).
27,4388
Section 4388
. Subchapter III of chapter 150 [precedes 150.61] of the statutes is repealed.
27,4391
Section 4391
. 150.84 (2) of the statutes is amended to read:
150.84 (2) “Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or ch. 142.
27,4391x
Section 4391x. 150.93 (2) of the statutes is amended to read:
150.93 (2) Except as provided in sub. subs. (3) and (3m), before July 1, 1996, no person may obligate for a capital expenditure or implement services, by or on behalf of a hospital, to increase the approved bed capacity of a hospital unless the person has, prior to May 12, 1992, entered into a legally enforceable contract, promise or agreement with another to so obligate or implement.
27,4392
Section 4392
. 150.93 (3) of the statutes is amended to read:
150.93 (3) A person may obligate for a capital expenditure, by or on behalf of a hospital, to renovate or replace on the same site existing approved beds of the hospital or to make new construction, if the renovation, replacement or new construction does not increase the approved bed capacity of the hospital, except that obligation for such a capital expenditure that exceeds $1,000,000 is subject to subch. III.
27,4392b
Section 4392b. 150.93 (3m) of the statutes is created to read:
150.93 (3m) A person may obligate for a capital expenditure or implement services that increase the approved bed capacity of a hospital if the capital expenditure or services are necessitated by a transfer of beds from a public hospital that is operated by a county with a population of 500,000 or more to a private hospital and if the resulting combined total number of approved beds in the 2 hospitals does not increase.
27,4392bm
Section 4392bm. 150.93 (5) of the statutes is created to read:
150.93 (5) This section does not apply to a hospital established under s. 45.375 (1).
27,4392c
Section 4392c. 150.94 of the statutes is renumbered 150.94 (intro.) and amended to read:
150.94 (title) Definition Definitions. (intro.) In this subchapter, notwithstanding:
(1) Notwithstanding s. 150.01 (12), “hospital" has the meaning given in s. 50.33 (2).
27,4392d
Section 4392d. 150.94 (2) of the statutes is created to read:
150.94 (2) “Inpatient facility" has the meaning given in s. 51.01 (10).
27,4392dg
Section 4392dg. 150.95 of the statutes is renumbered 150.95 (1).
27,4392dm
Section 4392dm. 150.95 (2) of the statutes is created to read:
150.95 (2) This section does not apply to a hospital established under s. 45.375 (1).
27,4392e
Section 4392e. 150.951 of the statutes is created to read:
150.951 Exceptions. Section 150.95 does not apply to any of the following:
(a) A transfer of psychiatric or chemical dependency beds from a public hospital that is operated by a county with a population of 500,000 or more and that is not an inpatient facility to a private hospital or to a public hospital that is an inpatient facility, if the resulting combined total of licensed psychiatric or chemical dependency beds in the affected hospitals does not increase.
(b) A transfer of psychiatric or chemical dependency beds from a hospital to a private hospital in the same county that has an existing psychiatric or chemical dependency unit or to a public hospital that is operated by the same county, if the resulting combined total of licensed psychiatric or chemical dependency beds in the affected hospitals decreases from the number that is specified in s. 150.95.
27,4393
Section 4393
. 153.05 (4m) of the statutes is repealed.
27,4394
Section 4394
. 153.48 of the statutes is repealed.
27,4395
Section 4395
. 155.01 (6) of the statutes is amended to read:
155.01 (6) “Health care facility" means a facility, as defined in s. 647.01 (4), or any hospital, nursing home, community-based residential facility, county home, county infirmary, county hospital, county mental health center, tuberculosis sanatorium or other place licensed or approved by the department under s. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 or 252.076 or a facility under s. 45.365, 51.05, 51.06 or 252.10 or ch. 142.
27,4396b
Section 4396b. 157.062 (1) of the statutes is amended to read:
157.062 (1) Organization. Seven or more residents of the same county may form a cemetery association. They shall meet, select a chairperson and secretary, choose a name, fix the annual meeting date, and elect by ballot not less than 3 nor more than 9 trustees whom the chairperson and secretary shall immediately divide by lot into 3 classes, who shall hold their offices for 1, 2 and 3 years, respectively. Within 3 days, the chairperson and secretary shall certify the corporate name, the names, home addresses and business addresses of the organizers and of the trustees, and their classification, and the annual meeting date acknowledged by them, and, except as provided in sub. (9), deliver the certification to the secretary of state department of financial institutions. The association then has the powers of a corporation.
27,4397b
Section 4397b. 157.062 (2) of the statutes is amended to read:
157.062 (2) Amendments. The association may change its name, the number of trustees or the annual meeting date by resolution at an annual meeting, or special meeting called for such purpose, by a majority vote of the members present, and, except as provided in sub. (9), by delivering to the secretary of state
department of financial institutions a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.
27,4398b
Section 4398b. 157.062 (6) (b) of the statutes is amended to read:
157.062 (6) (b) If an association that has been dissolved under par. (a), or any group that was never properly organized as a cemetery association, has cemetery grounds and human remains are buried in the cemetery grounds, 5 or more members, or persons interested as determined by order of the circuit judge under par. (c), may publish a class 3 notice, under ch. 985, in the municipality in which the cemetery is located, of the time, place and object of the meeting, assemble and reorganize by the election of trustees and divide them into classes as provided in sub. (1), the commencement of the terms to be computed from the next annual meeting date. The secretary shall enter the proceedings of the meeting on the records. The association is reorganized upon delivery of a copy of the proceedings to the secretary of state
department of financial institutions, except as provided in sub. (9). Upon reorganization, the title to the cemetery grounds, trust funds and all other property of the association or group vests in the reorganized association, under the control of the trustees. The reorganized association may continue the name of the dissolved association or may adopt a new name.
27,4399b
Section 4399b. 157.062 (6m) of the statutes is amended to read:
157.062 (6m) Forms. The secretary of state department of financial institutions may prescribe and furnish forms for providing the information required under subs. (1) to (6).
27,4400b
Section 4400b. 157.062 (9) of the statutes is amended to read:
157.062 (9) Exemptions for certain nonprofit cemeteries. In lieu of delivering a certification, resolution or copy of proceedings to the secretary of state department of financial institutions under sub. (1), (2) or (6) (b), a cemetery association that is not required to be registered under s. 440.91 (1) and that is not organized or conducted for pecuniary profit shall deliver the certification, resolution or copy of proceedings to the office of the register of deeds of the county in which the cemetery is located.
27,4401b
Section 4401b. 157.064 (7) of the statutes is amended to read:
157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the secretary of state department of financial institutions in writing of the transfer, including the name and address of the accepting association or its treasurer. The secretary of state department of financial institutions may prescribe and furnish forms for providing the information required under this subsection.
27,4402
Section 4402
. 157.12 (1) of the statutes is amended to read:
157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section, “department" means the department of industry, labor and human relations development.
27,4403b
Section 4403b. 157.62 (1) (a) (intro.) of the statutes is amended to read:
157.62 (1) (a) (intro.) Except as provided in par. (b) and s. 157.625, every cemetery association shall file an annual report with the secretary of state department of financial institutions. The report shall be made on a calendar-year basis unless the secretary of state
department of financial institutions, by rule, provides for other reporting periods. The report is due on the 60th day after the last day of the reporting period. The annual report shall include all of the following:
27,4404b
Section 4404b. 157.62 (1) (c) of the statutes is amended to read:
157.62 (1) (c) The secretary of state department of financial institutions may prescribe and furnish forms for reports required under this subsection. If the secretary of state department of financial institutions prescribes forms under this paragraph, he or she the department of financial institutions shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.
27,4405
Section 4405
. 157.65 (1) (b) of the statutes is amended to read:
157.65 (1) (b) If the department of industry, labor and human relations development has reason to believe that any person is violating s. 157.12 or any rule promulgated under s. 157.12 and that the continuation of that activity might cause injury to the public interest, the department of industry, labor and human relations development may investigate.
27,4406
Section 4406
. 157.65 (2) of the statutes is amended to read:
157.65 (2) The department of justice or any district attorney, upon informing the department of justice, may commence an action in circuit court in the name of the state to restrain by temporary or permanent injunction any violation of this subchapter. The court may, prior to entry of final judgment, make such orders or judgments as may be necessary to restore to any person any pecuniary loss suffered because of the acts or practices involved in the action, if proof of such loss is submitted to the satisfaction of the court. The department of justice may subpoena persons and require the production of books and other documents, and may request the department of regulation and licensing or the department of industry, labor and human relations development to exercise its authority under sub. (1) to aid in the investigation of alleged violations of this subchapter.
27,4406x
Section 4406x. 159.03 (1) (d) of the statutes is created to read:
159.03 (1) (d) Coordinate its recycling market development activities with the recycling market development board.
27,4407b
Section 4407b. 159.03 (3) of the statutes is repealed.
27,4408m
Section 4408m. 159.07 (3) (j) of the statutes is amended to read:
159.07 (3) (j) A waste tire, as defined in s.
84.078 (1) (b) 144.449 (1) (c).
27,4415c
Section 4415c. 159.17 of the statutes, as affected by 1995 Wisconsin Act .... (this act), is repealed.
27,4415d
Section 4415d. 159.17 (1) (d) of the statutes is amended to read:
159.17 (1) (d) “Waste tire" has the meaning given under s. 84.078 (1) (b) 144.449 (1) (c).
27,4428s
Section 4428s. 159.23 (5) (b) of the statutes is created to read:
159.23 (5) (b) Beginning with grants for 1996, for a unit of government other than a county that is the responsible unit for at least 75% of the population of a county, $100,000 or the amount determined under par. (c), whichever is greater.
27,4429
Section 4429
. 159.23 (5m) of the statutes is amended to read:
159.23 (5m) Alternate process. The department shall establish, by rule, a process for distributing grants if the amount that would be awarded under sub. (5) or (5e) exceeds the amount of funds available under s. 20.370 (4) (cw) (6) (bq).
27,4430
Section 4430
. 159.23 (5s) (a) of the statutes is amended to read:
159.23 (5s) (a) Beginning with grants for 1994, the department shall annually allocate 10% of the funds appropriated under s. 20.370 (4) (cw) (6) (bq) for supplemental grants under this subsection.
27,4431
Section 4431
. 159.25 (5) (a) of the statutes is amended to read:
159.25 (5) (a) The department may enter into agreements with eligible applicants to make demonstration grants from the appropriation under s. 20.370 (4) (ct) (6) (br).
27,4432d
Section 4432d. 159.40 (4) of the statutes is created to read:
159.40 (4) “Waste generator" means a person who generates solid waste that contains a material specified by the board under s. 159.42 (5) or a responsible unit.
27,4432f
Section 4432f. 159.41 of the statutes is created to read:
159.41 Strategic plan. (1) The board shall prepare a strategic plan to guide the development and implementation of the board's powers and duties. The board shall consult with the department of natural resources, the department of development, the University of Wisconsin-Extension and other interested persons in the development of the plan. The plan shall include all of the following components:
(a) Identification of priority recovered materials that will be the focus of market development efforts by the board.
(b) For each priority recovered material identified under par. (a), identification of one or more appropriate, measurable goals for the board's market development efforts and identification of the technical and financial assistance and research, demonstration, education, marketing and policy development necessary to achieve the goal.
(2) The board shall review the strategic plan at least annually and shall revise the plan as it determines is appropriate.
(3) The board shall submit quarterly progress reports to the appropriate standing committees of the legislature, as determined by the presiding officer of each house, under s. 13.172 (3), describing the board's progress in implementing the strategic plan and how the board's technical assistance, financial assistance and other activities conform to the strategic plan.
27,4432h
Section 4432h. 159.42 (1) (intro.) of the statutes is amended to read:
159.42 (1) (intro.) Promote the development of
sustainable, high-value markets for recovered materials on behalf of, and in cooperation with, waste generators and promote the orderly and efficient marketing of recovered materials by responsible units waste generators to do all of the following:
27,4432j
Section 4432j. 159.42 (2) (e) of the statutes is amended to read:
159.42 (2) (e) Address other common problems faced by responsible units waste generators in marketing these recovered materials.
27,4432m
Section 4432m. 159.42 (2e) of the statutes is created to read:
159.42 (2e) Educate waste generators on their role and responsibility in the development of markets for recovered materials and the marketing of recovered materials, in cooperation with business entities, and on the value of cooperative marketing and market development efforts among waste generators.
27,4432p
Section 4432p. 159.42 (2m) of the statutes is created to read:
159.42 (2m) Provide information about the board's activities to waste generators; solid waste scrap brokers, dealers and processors; business entities that use or could use recovered materials or that produce or could produce products from recovered materials and persons who provide support to those business entities; and the general public.
27,4432r
Section 4432r. 159.42 (2s) of the statutes is created to read:
159.42 (2s) Contract with the University of Wisconsin-Extension for administrative staff services, including support in recruiting program staff.
27,4432t
Section 4432t. 159.42 (4) of the statutes is renumbered 159.49 and amended to read:
