Amendment ASA-AB150

AB150-ASA, s. 4369 Section 4369. 146.40 (5) (a) of the statutes is amended to read:

AB150-ASA,1492,7 146.40 (5) (a) The department, in consultation with the technical college system board, shall promulgate rules specifying standards for certification in this state of instructional and competency evaluation programs for nurse's assistants, home health aides and hospice aides. The standards shall include specialized training in providing care to individuals with special needs. The department shall promulgate rules regarding this specialized training in consultation with a private nonprofit organization awarded a grant under s. 46.855.

AB150-ASA, s. 4370 Section 4370. 146.57 of the statutes is amended to read:

AB150-ASA,1492,19 146.57 (title) Statewide poison control system program. (3) (title) Regional poison control centers. (a) By July 1, 1994, the The department shall designate no more than 2 regional poison control centers and shall implement any other aspects of a statewide poison control system program. From the appropriation under s. 20.435 (1) (ds), the department shall, if the requirement under par. (b) is met, distribute, for fiscal year 1994-95, total funding of not more than $187,500 to each regional poison control center that is so designated in each fiscal year to supplement the operation of the centers program and to provide for the statewide collection and reporting of poison control data by the centers. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

AB150-ASA,1492,24 (b) No regional poison control center may be funded receive funds under par. (a) unless there is a matching contribution from the regional the poison control center provides a matching contribution of at least 50% of the state funding for the center. Private funds and in-kind contributions may be used to meet this requirement.

AB150-ASA,1493,3 (4) Rule making. The department shall promulgate rules that specify the information that shall be reported to the department by regional under the statewide poison control centers program.

AB150-ASA, s. 4370m Section 4370m. 146.59 of the statutes is created to read:

AB150-ASA,1493,9 146.59 University of Wisconsin Hospitals and Clinics Board. Subject to 1995 Wisconsin Act .... (this act), section 9159 (2) (k), the University of Wisconsin Hospitals and Clinics board shall negotiate and enter into a contractual services agreement with the University of Wisconsin Hospitals and Clinics Authority that meets the requirements under s. 233.04 (4) and shall comply with s. 233.04 (4m).

AB150-ASA, s. 4378 Section 4378. 146.89 (3) (d) 1. of the statutes is repealed.

AB150-ASA, s. 4379 Section 4379. 146.89 (3) (d) 2. of the statutes is amended to read:

AB150-ASA,1493,12 146.89 (3) (d) 2. Medical assistance under ss. 49.45 to 49.47 subch. IV of ch. 49.

AB150-ASA, s. 4380 Section 4380. 146.89 (3) (d) 4. of the statutes is repealed.

AB150-ASA, s. 4381 Section 4381. 147.21 (5) of the statutes is amended to read:

AB150-ASA,1493,24 147.21 (5) In addition to all other civil and criminal penalties prescribed under this chapter, the court may assess as an additional penalty a portion or all of the total costs of the investigation, including monitoring, which led to the establishment of the violation. The court may award the department of justice the expenses of the prosecution, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).

AB150-ASA, s. 4381g Section 4381g. 147.23 (1) of the statutes is amended to read:

AB150-ASA,1494,7 147.23 (1) Department may recover costs. In an action against any person who violates this chapter or any provision of s. 29.29 or ch. 30, 31 or 144 relating to water quality the department may recover the cost of removing, terminating or remedying the adverse effects upon the water environment resulting from the unlawful discharge or deposit of pollutants into the waters of the state, including the cost of replacing fish or other wildlife destroyed by the discharge or deposit. All moneys recovered under this section shall be deposited into the environmental fund.

AB150-ASA, s. 4382 Section 4382. 150.01 (6m) of the statutes is repealed.

AB150-ASA, s. 4383 Section 4383. 150.01 (6r) of the statutes is repealed.

AB150-ASA, s. 4384 Section 4384. 150.01 (12m) of the statutes is repealed.

AB150-ASA, s. 4385 Section 4385. 150.01 (14) of the statutes is repealed.

AB150-ASA, s. 4386 Section 4386. 150.10 of the statutes is repealed.

AB150-ASA, s. 4387 Section 4387. 150.11 (5) of the statutes is amended to read:

AB150-ASA,1494,17 150.11 (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.

AB150-ASA, s. 4387m Section 4387m. 150.31 (5m) of the statutes is created to read:

AB150-ASA,1494,21 150.31 (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).

AB150-ASA, s. 4388 Section 4388. Subchapter III of chapter 150 [precedes 150.61] of the statutes is repealed.

AB150-ASA, s. 4391 Section 4391. 150.84 (2) of the statutes is amended to read:

AB150-ASA,1495,6 150.84 (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.

AB150-ASA, s. 4391x Section 4391x. 150.93 (2) of the statutes is amended to read:

AB150-ASA,1495,12 150.93 (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.

AB150-ASA, s. 4392 Section 4392. 150.93 (3) of the statutes is amended to read:

AB150-ASA,1495,19 150.93 (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.

AB150-ASA, s. 4392b Section 4392b. 150.93 (3m) of the statutes is created to read:

AB150-ASA,1496,2 150.93 (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.

AB150-ASA, s. 4392bm Section 4392bm. 150.93 (5) of the statutes is created to read:

AB150-ASA,1496,5 150.93 (5) This section does not apply to a hospital established under s. 45.375 (1).

AB150-ASA, s. 4392c Section 4392c. 150.94 of the statutes is renumbered 150.94 (intro.) and amended to read:

AB150-ASA,1496,9 150.94 (title) Definition Definitions. (intro.) In this subchapter, notwithstanding:

AB150-ASA,1496,11 (1) Notwithstanding s. 150.01 (12), "hospital" has the meaning given in s. 50.33 (2).

AB150-ASA, s. 4392d Section 4392d. 150.94 (2) of the statutes is created to read:

AB150-ASA,1496,13 150.94 (2) "Inpatient facility" has the meaning given in s. 51.01 (10).

AB150-ASA, s. 4392dg Section 4392dg. 150.95 of the statutes is renumbered 150.95 (1).

AB150-ASA, s. 4392dm Section 4392dm. 150.95 (2) of the statutes is created to read:

AB150-ASA,1496,17 150.95 (2) This section does not apply to a hospital established under s. 45.375 (1).

AB150-ASA, s. 4392e Section 4392e. 150.951 of the statutes is created to read:

AB150-ASA,1496,19 150.951 Exceptions. Section 150.95 does not apply to any of the following:

AB150-ASA,1496,24 (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.

AB150-ASA,1497,5 (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.

AB150-ASA, s. 4392m Section 4392m. 150.963 (3) (e) of the statutes is amended to read:

AB150-ASA,1497,10 150.963 (3) (e) Accept on behalf of the state and deposit with the state treasurer secretary of administration any grant, gift or contribution made to assist in meeting the cost of carrying out the purposes of this subchapter, and to expend the funds for the purposes of this subchapter;

AB150-ASA, s. 4393 Section 4393. 153.05 (4m) of the statutes is repealed.

AB150-ASA, s. 4394 Section 4394. 153.48 of the statutes is repealed.

AB150-ASA, s. 4395 Section 4395. 155.01 (6) of the statutes is amended to read:

AB150-ASA,1497,19 155.01 (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.

AB150-ASA, s. 4402 Section 4402. 157.12 (1) of the statutes is amended to read:

AB150-ASA,1497,23 157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section, "department" means the department of industry, labor and human relations development.

AB150-ASA, s. 4405 Section 4405. 157.65 (1) (b) of the statutes is amended to read:

AB150-ASA,1498,5 157.65 (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.

AB150-ASA, s. 4406 Section 4406. 157.65 (2) of the statutes is amended to read:

AB150-ASA,1498,17 157.65 (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.

AB150-ASA, s. 4406x Section 4406x. 159.03 (1) (d) of the statutes is created to read:

AB150-ASA,1498,20 159.03 (1) (d) Coordinate its recycling market development activities with the recycling market development board.

AB150-ASA, s. 4407b Section 4407b. 159.03 (3) of the statutes is repealed.

AB150-ASA, s. 4415b Section 4415b. 159.17 (2) (intro.) of the statutes is amended to read:

AB150-ASA,1498,25 159.17 (2) (title) Fee use plan Plan. (intro.) The department shall promulgate, by rule, a statewide plan for the use of moneys appropriated under s. 20.370 (2) (dj) to accomplish all of the following:

AB150-ASA, s. 4428s Section 4428s. 159.23 (5) (b) of the statutes is created to read:

AB150-ASA,1499,4 159.23 (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.

AB150-ASA, s. 4429 Section 4429. 159.23 (5m) of the statutes is amended to read:

AB150-ASA,1499,8 159.23 (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).

AB150-ASA, s. 4430 Section 4430. 159.23 (5s) (a) of the statutes is amended to read:

AB150-ASA,1499,12 159.23 (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.

AB150-ASA, s. 4431 Section 4431. 159.25 (5) (a) of the statutes is amended to read:

AB150-ASA,1499,16 159.25 (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).

AB150-ASA, s. 4432d Section 4432d. 159.40 (4) of the statutes is created to read:

AB150-ASA,1499,19 159.40 (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.

AB150-ASA, s. 4432f Section 4432f. 159.41 of the statutes is created to read:

AB150-ASA,1500,2 159.41 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:

AB150-ASA,1500,4 (a) Identification of priority recovered materials that will be the focus of market development efforts by the board.

AB150-ASA,1500,9 (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.

AB150-ASA,1500,11 (2) The board shall review the strategic plan at least annually and shall revise the plan as it determines is appropriate.

AB150-ASA,1500,16 (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.

AB150-ASA, s. 4432h Section 4432h. 159.42 (1) (intro.) of the statutes is amended to read:

AB150-ASA,1500,21 159.42 (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:

AB150-ASA, s. 4432j Section 4432j. 159.42 (2) (e) of the statutes is amended to read:

AB150-ASA,1500,24 159.42 (2) (e) Address other common problems faced by responsible units waste generators in marketing these recovered materials.

AB150-ASA, s. 4432m Section 4432m. 159.42 (2e) of the statutes is created to read:

AB150-ASA,1501,4 159.42 (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.

AB150-ASA, s. 4432p Section 4432p. 159.42 (2m) of the statutes is created to read: