1997 Wisconsin Act 27

27,4438 Section 4438 . 560.184 (5) (a) of the statutes is amended to read:

560.184 (5) (a) The obligation of the department to make payments under an agreement entered into under sub. (3) is subject to the availability of funds in the appropriations under s. 20.143 (1) (fc) (f) and (jL).

27,4439 Section 4439 . 560.184 (5) (b) (intro.) of the statutes is amended to read:

560.184 (5) (b) (intro.) If the cost of repaying the loans of all eligible applicants, when added to the cost of loan repayments scheduled under existing agreements, exceeds the total amount in the appropriations under s. 20.143 (1) (fc) (f) and (jL), the department shall establish priorities among the eligible applicants based upon the following considerations:

27,4439b Section 4439b. 560.184 (5) (b) 1. of the statutes is amended to read:

560.184 (5) (b) 1. The degree to which there is an extremely high need for medical care in the eligible practice area or health professional shortage area in which an eligible applicant desires to practice.

27,4439c Section 4439c. 560.184 (5) (b) 2. of the statutes is amended to read:

560.184 (5) (b) 2. The likelihood that an eligible applicant will remain in the eligible practice area or health professional shortage area in which he or she desires to practice after the loan repayment period.

27,4439d Section 4439d. 560.184 (5) (b) 3. of the statutes is amended to read:

560.184 (5) (b) 3. The per capita income of the eligible practice area or health professional shortage area in which an eligible applicant desires to practice.

27,4439e Section 4439e. 560.184 (5) (b) 4. of the statutes is amended to read:

560.184 (5) (b) 4. The financial or other support for health care provider recruitment and retention provided by individuals, organizations or local governments in the eligible practice area or health professional shortage area in which an eligible applicant desires to practice.

27,4439f Section 4439f. 560.184 (5) (b) 5. of the statutes is amended to read:

560.184 (5) (b) 5. The geographic distribution of the health care providers who have entered into loan repayment agreements under this section and the geographic location of the eligible practice area or health professional shortage area in which an eligible applicant desires to practice.

27,4440 Section 4440 . 560.184 (6m) of the statutes is created to read:

560.184 (6m) Penalties. The department shall, by rule, establish penalties to be assessed by the department against health care providers who breach an agreement entered into under sub. (3) (a). The rules shall do all of the following:

(a) Specify what actions constitute a breach of the agreement.

(b) Provide specific penalty amounts for specific breaches.

(c) Provide exceptions for certain actions, including breaches resulting from death or disability.

27,4441 Section 4441 . 560.184 (7) (intro.) of the statutes is amended to read:

560.184 (7) Administrative contract. (intro.) From the appropriation under s. 20.143 (1) (fd) (f), the department shall contract with the board of regents of the University of Wisconsin System for administrative services from the office of rural health of the department of professional and community development of the University of Wisconsin Medical School. Under the contract, the office of rural health shall do all of the following:

27,4441n Section 4441n. 560.184 (8) of the statutes is created to read:

560.184 (8) Expanded loan assistance program. The department may agree to repay loans as provided under this section on behalf of a health care provider under an expanded health care provider loan assistance program that is funded through federal funds in addition to state matching funds. To be eligible for loan repayment under the expanded health care provider loan assistance program, a health care provider must fulfill all of the requirements for loan repayment under this section, as well as all of the following:

(a) The health care provider must be a U.S. citizen.

(b) The health care provider may not have a judgment lien against his or her property for a debt to the United States.

(c) The health care provider must agree to do all of the following:

1. Accept medicare assignment as payment in full for services or articles provided.

2. Use a sliding fee scale or a comparable method of determining payment arrangements for patients who are not eligible for medicare or medical assistance and who are unable to pay the customary fee for the physician's services.

3. Practice at a public or private nonprofit entity in a health professional shortage area.

27,4442 Section 4442 . 560.185 (1) of the statutes is amended to read:

560.185 (1) Advise the department as provided in s. 560.183 (7) and on other on matters related to the physician loan assistance program under s. 560.183 and the health care provider loan assistance program under s. 560.184.

27,4442c Section 4442c. 560.19 (1) (intro.) and (b) of the statutes are consolidated, renumbered 560.19 (1) and amended to read:

560.19 (1)  In this section: (b) “Hazardous, “hazardous pollution prevention" has the meaning given in s. 299.13 (1) (c).

27,4442e Section 4442e. 560.19 (1) (a) of the statutes is repealed.

27,4442g Section 4442g. 560.19 (3) (intro.) of the statutes is repealed.

27,4442i Section 4442i. 560.19 (3) (a) of the statutes is renumbered 560.19 (3) and amended to read:

560.19 (3) In coordination with the hazardous pollution prevention program under s. 36.25 (30), and the department of natural resources and the council, conduct the department shall conduct an education, environmental management and technical assistance program to promote hazardous pollution prevention among businesses in the state.

27,4442k Section 4442k. 560.19 (3) (b) of the statutes is repealed.

27,4442m Section 4442m. 560.19 (4) of the statutes is repealed.

27,4443 Section 4443 . Subchapter III (title) of chapter 560 [precedes 560.41] of the statutes is amended to read:

CHAPTER 560

SUBCHAPTER III
permit information and
REGULATORY business development:
assistance bureau center

27,4444 Section 4444 . 560.41 (1) of the statutes is repealed and recreated to read:

560.41 (1) “Brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by actual or perceived environmental contamination.

27,4445 Section 4445 . 560.41 (1m) of the statutes is created to read:

560.41 (1m) “Center" means the business development assistance center in the department.

27,4446 Section 4446 . 560.42 (title) of the statutes is amended to read:

560.42 (title) Responsibilities related to permits.

27,4447 Section 4447 . 560.42 (1) (a) (intro.) of the statutes is amended to read:

560.42 (1) (a) (intro.) The bureau center shall expedite the process of applying for permits, of reviewing and making determinations on permit applications and of issuing permits as follows:

27,4448 Section 4448 . 560.42 (1) (a) 1. of the statutes is amended to read:

560.42 (1) (a) 1. The bureau center shall discharge its responsibilities under sub. (2) in a manner designed to expedite the process.

27,4449 Section 4449 . 560.42 (1) (a) 2. of the statutes is amended to read:

560.42 (1) (a) 2. Upon request by a person applying for a permit and to the extent possible, the bureau center shall resolve misunderstandings between the person and the appropriate regulatory agency and shall prevent or mitigate delays in the process.

27,4450 Section 4450 . 560.42 (1) (a) 3. of the statutes is amended to read:

560.42 (1) (a) 3. If the bureau center determines that it is unable to resolve misunderstandings or prevent or mitigate delays under subd. 2., the bureau center shall request the assistance of the secretary and the head of the appropriate regulatory agency.

27,4451 Section 4451 . 560.42 (1) (a) 4. of the statutes is amended to read:

560.42 (1) (a) 4. If the bureau center determines that the secretary and head of the appropriate regulatory agency are unable to resolve misunderstandings or prevent or mitigate delays under subd. 3., the bureau center shall request the assistance of the governor.

27,4452 Section 4452 . 560.42 (1) (b) of the statutes is amended to read:

560.42 (1) (b) The bureau center shall give priority to businesses new to this state and to businesses expanding within this state in providing assistance under par. (a).

27,4453 Section 4453 . 560.42 (1) (c) of the statutes is amended to read:

560.42 (1) (c) The bureau center shall maintain records identifying each person requesting assistance under par. (a) and setting forth assistance rendered and results achieved.

27,4454 Section 4454. 560.42 (2) (a) (intro.) of the statutes is amended to read:

560.42 (2) (a) (intro.) The bureau center shall assist any person requesting information on which permits are required for a particular business activity or on the application process, including criteria applied in making a determination on a permit application and the time period within which a determination will be made. This assistance may include any of the following:

27,4455 Section 4455 . 560.42 (2) (b) of the statutes is amended to read:

560.42 (2) (b) If a person receives assistance under this subsection and applies for a permit and if the person requests, the bureau center shall monitor the status of the permit application and periodically report the status to the person.

27,4456 Section 4456 . 560.42 (2m) (intro.) of the statutes is amended to read:

560.42 (2m) Advocacy. (intro.) The bureau center shall provide advocacy services before regulatory agencies on behalf of permit applicants. These services shall include all of the following:

27,4457 Section 4457 . 560.42 (2r) of the statutes is amended to read:

560.42 (2r) Mediation and dispute resolution services. The bureau center may provide mediation or other dispute resolution services to facilitate the resolution of a dispute between a regulatory agency and a person applying for a permit. The provision of mediation or other dispute resolution services under this subsection does not affect any right that the person may have to a contested hearing under ch. 227.

27,4458 Section 4458 . 560.42 (3) (title) of the statutes is amended to read:

560.42 (3) (title) Assistance by bureau center.

27,4459 Section 4459 . 560.42 (3) (a) of the statutes is amended to read:

560.42 (3) (a) The bureau center may not charge any person for services provided under this subchapter. Any amount charged for services may not exceed the actual cost of the service provided, unless a specific charge for the service, or method of calculating the charge, is provided by law. All amounts received under this paragraph shall be deposited in the appropriation account under s. 20.143 (1) (gc).

27,4460 Section 4460 . 560.42 (3) (b) of the statutes is amended to read:

560.42 (3) (b) The bureau center may refer to the appropriate regulatory agency, without giving further assistance, any person seeking information or assistance on a permit under chs. 186, 215, 217, 220 to 224, 440 to 480 and 600 to 646.

27,4461 Section 4461 . 560.42 (3) (c) of the statutes is amended to read:

560.42 (3) (c) Advice, assistance, mediation or other dispute resolution services or information rendered by the bureau center under this subchapter does not relieve any person from the obligation to secure a required permit or satisfy a regulatory requirement.

27,4462 Section 4462 . 560.42 (3) (d) of the statutes is amended to read:

560.42 (3) (d) The bureau center shall not be liable for any consequences resulting from the failure of a regulatory agency to issue, or the failure of a person to seek, a permit.

27,4464 Section 4464 . 560.42 (4) (a) of the statutes is amended to read:

560.42 (4) (a) The bureau center shall maintain and publicize the availability of a toll-free telephone line available to in-state and out-of-state callers to the bureau center.

27,4465 Section 4465 . 560.42 (4) (b) of the statutes is amended to read:

560.42 (4) (b) The bureau center shall seek to explain, promote and publicize its services to the public and shall provide information on its services for inclusion in any public informational material on permits provided by regulatory agencies.

27,4466 Section 4466 . 560.42 (4) (c) of the statutes is amended to read:

560.42 (4) (c) The bureau center shall, in its efforts under pars. (a) and (b), clearly represent that its services are advisory, informational and facilitative only.

27,4467 Section 4467 . 560.42 (5) (a) of the statutes is amended to read:

560.42 (5) (a) Report. Annually, on or before April 1, the bureau center shall submit a report containing the information required under pars. (am) and (b) to the appropriate standing committees under s. 13.172 (3).

27,4468 Section 4468 . 560.42 (5) (am) (intro.) of the statutes is amended to read: