Amendment SA1-SSA1-AB133

AB133-SSA1-SA1,366,22 (a) The need to reduce the rate of hospital cost increases while preserving the quality of health care in all parts of the state.

AB133-SSA1-SA1,366,24 (b) A variety of cost-related trend factors based on nationally or regionally recognized economic models.

AB133-SSA1-SA1,367,1 (c) The past budget and rate experiences of hospitals in this state.

AB133-SSA1-SA1,367,8 (2) Rules promulgated under sub. (1) shall include requirements and procedures for hospitals to provide the commission with information that the commission determines is necessary to carry out its duties under this subchapter and for hospitals to notify the commission and patients of rates charged and any proposed increases or decreases in rates. The rules shall also include requirements and procedures for the commission to regularly review and, if necessary, revise the price caps established in the rules promulgated under sub. (1).

AB133-SSA1-SA1,367,10 (3) Rules promulgated under sub. (1) may include requirements and procedures for each of the following:

AB133-SSA1-SA1,367,13 (a) Exceptions from price caps for rural or teaching hospitals if the commission determines that such hospitals are subject to special circumstances that warrant an exception.

AB133-SSA1-SA1,367,16 (b) A uniform system for hospitals to make reports to the commission if the commission determines that such a system is necessary for the commission to carry out its duties under this subchapter.

AB133-SSA1-SA1,367,23 196.993 Case mix measurements. The commission may promulgate rules establishing a system that defines rates as aggregate charges based on case mix measurements if the commission submits its proposed system to the joint committee on finance under s. 13.10, receives that committee's approval and holds a public hearing prior to promulgating its rules. Such a system may not take effect prior to January 1, 2001, shall be consistent with the standard under s. 196.992 (1) (a) and shall ensure quality of care at a reasonable cost to patients.

AB133-SSA1-SA1,367,25 196.994 Commission prohibitions. In carrying out its duties under this subchapter, the commission may not do any of the following:

AB133-SSA1-SA1,368,2 (a) Interfere directly in the personal or decision-making relationships between a patient and the patient's physician.

AB133-SSA1-SA1,368,6 (b) Restrict the freedom of patients to receive care at a hospital consistent with their religious preferences or request a hospital that is affiliated with a religious group to act in a manner contrary to the mission and philosophy of the religious group.

AB133-SSA1-SA1,368,9 (c) Restrict directly the freedom of hospitals to exercise management decisions in complying with the price caps established in rules promulgated under s. 196.992 (1).

AB133-SSA1-SA1,368,11 (d) Require the submission of unrelated financial data from religious groups affiliated with a hospital.

AB133-SSA1-SA1,368,17 196.995 Enforcement. (1) The commission may seek a judicial remedy to enforce compliance with any requirement of this subchapter or with any rule or order of the commission under this subchapter if it first notifies the hospital and provides the hospital a reasonable time to correct a violation. The commission shall commence any action under this subsection in the circuit court for the county in which the hospital is located.

AB133-SSA1-SA1,368,21 (2) Any court that finds an intentional failure to comply with a price cap established in rules promulgated under s. 196.992 (1) may impose a forfeiture of up to $5,000. Each week that a hospital continues its intentional failure to comply with the price cap constitutes a separate violation.

AB133-SSA1-SA1,368,24 (3) Any court with jurisdiction over an action brought under this section may adopt remedies that it finds necessary to enforce compliance. Remedies under this section apply notwithstanding the existence or pursuit of any other remedy.

AB133-SSA1-SA1,368,25 196.996 Assessments. (1) In this section:

AB133-SSA1-SA1,369,3 (a) "Commercial insurance" includes a group or individual disability insurance policy, as defined in s. 632.895 (1) (a), an employer's self-insured health care plan and worker's compensation.

AB133-SSA1-SA1,369,6 (b) "Deduction" means the portion of a charge that was incurred by a patient but was not received from 3rd-party payers or governmental or private payment. "Deduction" includes charity care but does not include bad debt.

AB133-SSA1-SA1,369,8 (c) "Expense" means the cost of operation, including bad debt, that is charged to a hospital during the hospital's fiscal year.

AB133-SSA1-SA1,369,12 (d) "Gross patient revenue" means the total charges to medicare, as defined in s. 49.498 (1) (f), the medical assistance program, other public programs, commercial insurance and other self-payers or nonpublic payers, that are generated by a hospital from inpatient and outpatient services.

AB133-SSA1-SA1,369,14 (e) "Net income" means total revenue and nonoperating gains in excess of expenses and nonoperating losses.

AB133-SSA1-SA1,369,15 (f) "Net patient revenue" means gross patient revenue minus deductions.

AB133-SSA1-SA1,369,17 (g) "Nonoperating gains" means gifts, donations, endowments, return on investments and any other gains that are not related to patient care.

AB133-SSA1-SA1,369,20 (h) "Nonoperating losses" means state and federal corporate income and real estate taxes and other losses that are not directly related to patient care or hospital-related patient services.

AB133-SSA1-SA1,369,23 (i) "Other public programs" include programs operated by or contracted for by county departments under s. 46.215, 46.22 or 46.23 and the relief block grant program under ch. 49.

AB133-SSA1-SA1,370,3 (j) "Other revenue" means revenue from services, other than health care services, provided to patients and revenue from sales to and services provided to nonpatients.

AB133-SSA1-SA1,370,4 (k) "Total revenue" means the sum of net patient revenue and other revenue.

AB133-SSA1-SA1,370,14 (2) Beginning July 1, 2000, the commission shall, within 90 days after the commencement of each fiscal year, estimate the total amount of revenue required for administration by the commission of this subchapter during that fiscal year and assess that estimated total amount to hospitals in proportion to each hospital's respective net income during the hospital's most recently concluded entire fiscal year. The commission may not assess under this subsection a hospital that has a net income of 3% or less over the net income for the hospital's next most recently concluded entire fiscal year. Each hospital that is assessed shall pay the assessment by the December 1 following the assessment. The commission shall credit all payments of assessments to the appropriation account under s. 20.155 (3) (gm).".

AB133-SSA1-SA1,370,15 975. Page 1186, line 9: after that line insert:

AB133-SSA1-SA1,370,16 " Section 2337m. 214.04 (21) (b) of the statutes is amended to read:

AB133-SSA1-SA1,371,11 214.04 (21) (b) The rules of the division shall provide that any remote service unit shall be available for use, on a nondiscriminatory basis, by any state or federal savings bank which has its principal place of business in this state, by any other state or federal savings bank obtaining the consent of a state or federal savings bank that has its principal place of business in this state and is using the terminal and by all customers designated by a savings bank using the unit. This paragraph does not authorize a savings bank which has its principal place of business outside this state to conduct business as a savings bank in this state. A remote service unit shall be available for use, on a nondiscriminatory basis, by any credit union, state or national bank or state or federal savings and loan association, whose home office is located in this state, if the credit union, bank or savings and loan association requests to share its use, subject to joint rules established by the division of banking, the office of credit unions and the division under s. 221.0303 (2). The joint rules under s. 221.0303 (2) shall prohibit a state or federal savings bank that owns or operates a remote service unit from charging a person a fee for a transaction using that remote service unit, unless the transaction relates to or affects an account held by that person with that savings bank. The division by order may authorize the installation and operation of a remote service unit in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.

AB133-SSA1-SA1, s. 2340m Section 2340m. 215.13 (46) (a) 1. of the statutes is amended to read:

AB133-SSA1-SA1,372,11 215.13 (46) (a) 1. Directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its home or branch offices, remote service units, in accordance with rules established by the division. Remote service units established in accordance with such rules are not subject to sub. (36), (39), (40) or (47) or s. 215.03 (8). The rules of the division shall provide that any such remote service unit shall be available for use, on a nondiscriminatory basis, by any state or federal savings and loan association which has its principal place of business in this state, by any other savings and loan association obtaining the consent of a state or federal savings and loan association which has its principal place of business in this state and is using the terminal and by all customers designated by a savings and loan association using the unit. This paragraph does not authorize a savings and loan association which has its principal place of business outside this state to conduct business as a savings and loan association in this state. The remote service units also shall be available for use, on a nondiscriminatory basis, by any credit union, state or national bank or state or federal savings bank, whose home office is located in this state, if the credit union, bank or savings bank requests to share its use, subject to the joint rules established under s. 221.0303 (2). The joint rules under s. 221.0303 (2) shall prohibit a state or federal savings and loan association that owns or operates a remote service unit from charging a person a fee for a transaction using that remote service unit, unless the transaction relates to or affects an account held by that person with that savings and loan association. The division by order may authorize the installation and operation of a remote service unit in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.".

AB133-SSA1-SA1,372,12 976. Page 1186, line 9: after that line insert:

AB133-SSA1-SA1,372,13 " Section 2336q. 196.856 of the statutes is created to read:

AB133-SSA1-SA1,372,21 196.856 Assessment for stray voltage research. The commission shall assess annually the amount appropriated under s. 20.285 (1) (gs) to public utilities that produce electricity in proportion to their respective electric gross operating revenues during the last calendar year, derived from intrastate operations. The amounts received under this section shall be credited to the appropriation account under s. 20.285 (1) (gs). A public utility shall pay the total amount that it is assessed under this section within 30 days after it receives a bill for that amount from the commission. The bill constitutes notice of the assessment and demand of payment.".

AB133-SSA1-SA1,372,22 977. Page 1186, line 9: after that line insert:

AB133-SSA1-SA1,372,23 " Section 2336u. 200.01 (2) of the statutes is amended to read:

AB133-SSA1-SA1,373,18 200.01 (2) "Public service corporation" means and embraces every corporation, except municipalities and other political subdivisions, which is a public utility as defined in s. 196.01, and every corporation which is a railroad as defined in s. 195.02, but shall not include a public utility corporation receiving an annual gross revenue of less than $1,000 for the calendar year next preceding the issuance of any securities by it. "Public service corporation" includes a holding company, as defined under s. 196.795 (1) (h), which is a public utility, as defined under s. 196.01 (5). "Public service corporation" does not include a telecommunications utility, as defined in s. 196.01 (10). "Public service corporation" does not include any other holding company unless the holding company was formed after November 28, 1985, and unless the commission has determined, under s. 196.795 (7) (a), that each nonutility affiliate, as defined under s. 196.795 (1) (j), does not and cannot reasonably be expected to do at least one of the items specified in s. 196.795 (7) (a). "Public service corporation" does not include a company, as defined in s. 196.795 (1) (f), which owns, operates, manages or controls a telecommunications utility, as defined in s. 196.01 (10), unless such company also owns, operates, manages or controls a public utility which is not a telecommunications utility. "Public service corporation" does not include a transmission company, as defined in s. 196.485 (1) (ge).".

AB133-SSA1-SA1,373,19 978. Page 1193, line 3: after that line insert:

AB133-SSA1-SA1,373,20 " Section 2344a. 221.0303 (2) of the statutes is amended to read:

AB133-SSA1-SA1,374,17 221.0303 (2) Operation and acquisition of customer bank communications terminals. A bank may, directly or indirectly, acquire, place and operate, or participate in the acquisition, placement and operation of, at locations other than its main or branch offices, customer bank communications terminals, in accordance with rules established by the division. The rules of the division shall provide that any such customer bank communications terminal shall be available for use, on a nondiscriminatory basis, by any state or national bank and by all customers designated by a bank using the terminal. This subsection does not authorize a bank which has its principal place of business outside this state to conduct banking business in this state. The customer bank communications terminals also shall be available for use, on a nondiscriminatory basis, by any credit union, savings and loan association or savings bank, if the credit union, savings and loan association or savings bank requests to share its use, subject to rules jointly established by the division of banking, the office of credit unions and the division of savings and loan. The joint rules shall prohibit a state or national bank that owns or operates a customer bank communications terminal from charging a person a fee for a transaction using that customer bank communications terminal, unless the transaction relates to or affects an account held by that person with that bank. The division by order may authorize the installation and operation of a customer bank communications terminal in a mobile facility, after notice and hearing upon the proposed service stops of the mobile facility.".

AB133-SSA1-SA1,374,18 979. Page 1193, line 3: after that line insert:

AB133-SSA1-SA1,374,19 " Section 2343d. 220.06 (1) of the statutes is amended to read:

AB133-SSA1-SA1,374,21 220.06 (1) In this section, "licensee" means a person licensed by the division under ch. 138, 217 or 218 or under s. 224.92.".

AB133-SSA1-SA1,374,23 980. Page 1193, line 10: delete that line and substitute "The department may by rule establish fees to be".

AB133-SSA1-SA1,374,24 981. Page 1193, line 17: delete lines 17 to 19.

AB133-SSA1-SA1,375,1 982. Page 1193, line 19: after that line insert:

AB133-SSA1-SA1,375,3 " Section 2353d. Subchapter IV of Chapter 224 [precedes 224.90] of the statutes is created to read:

AB133-SSA1-SA1,375,4 Chapter 224

AB133-SSA1-SA1,375,7 Subchapter IV Nondepository small business lenders

AB133-SSA1-SA1,375,8 224.90 Definitions. In this subchapter:

AB133-SSA1-SA1,375,9 (1) "Division" means the division of banking.

AB133-SSA1-SA1,375,10 (2) "In control" means any of the following:

AB133-SSA1-SA1,375,12 (a) Owning 10% or more of the outstanding voting stock of a nondepository lender.

AB133-SSA1-SA1,375,16 (b) Possessing, directly or indirectly, alone or in concert with others, the power to control or vote 10% or more of the outstanding voting stock of a nondepository lender or to elect or control the election of a majority of the board of directors of a nondepository lender.

AB133-SSA1-SA1,375,17 (3) "Licensee" means a lender licensed under this subchapter.

AB133-SSA1-SA1,375,21 (4) "Nondepository lender" means a lender that, in the ordinary course of business, provides loans that are guaranteed by the U.S. small business administration under 15 USC 636 (a) to small businesses. "Nondepository lender" does not include a bank, credit union, savings and loan association or savings bank.

AB133-SSA1-SA1,375,23 224.92 License required. No person may engage in business as a nondepository lender in this state without a license issued under this subchapter.

AB133-SSA1-SA1,376,8 224.923 License application. An application for a license under this subchapter shall be made to the division in writing on a form to be prescribed by the division. An application for a license under this subchapter shall state the full name and business address of the applicant and each officer, director and person in control of the applicant. The application also shall contain the applicant's federal employer identification number. In addition, the application shall contain the applicant's business plan, 3 years of detailed financial projections and other relevant information, all as prescribed by the division.

AB133-SSA1-SA1,376,11 224.927 Disclosure of certain application information. The division may not disclose an applicant's federal employer identification number received under s. 224.923, except as follows:

AB133-SSA1-SA1,376,13 (1) The division may disclose the information to the department of revenue for the sole purpose of requesting certification under s. 73.0301.

AB133-SSA1-SA1,376,15 (2) The division may disclose the information to the department of workforce development in accordance with a memorandum of understanding under s. 49.857.

AB133-SSA1-SA1,376,21 224.93 License approval. After a review of information regarding the directors, officers and controlling persons of the applicant for a license, a review of the applicant's business plan, including at least three years of detailed financial projections and other information considered relevant by the division, the division may approve an application for a license if the division determines that all of the following conditions are met:

AB133-SSA1-SA1,376,23 (1) The applicant has at least $500,000 in capital and the amount of capital is adequate for the applicant to transact business as a nondepository lender.

AB133-SSA1-SA1,377,3 (2) Each director, officer and person in control of the applicant is of good character and sound financial standing; the directors and officers of the applicant are competent to perform their functions with respect to the applicant and the directors and officers of the applicant are collectively adequate to manage the business of the applicant as a nondepository lender.

AB133-SSA1-SA1,377,5 (3) The business plan of the applicant will be honestly and efficiently conducted in accordance with the intent and purpose of this subchapter.

AB133-SSA1-SA1,377,7 (4) The proposed activity of the applicant possesses a reasonable prospect for success.

AB133-SSA1-SA1,377,10 (5) The applicant has paid to the division the application fee prescribed by the division, together with the actual cost incurred by the division in investigating the application.

AB133-SSA1-SA1,377,13 224.935 Expiration of license. (1) Generally. Except as provided under sub. (2), a license issued under this subchapter expires on the June 30 following the date on which the license was issued.

AB133-SSA1-SA1,377,17 (2) Change in control of licensee. A change in the identity or number of individuals that are in control of a licensee terminates the licensee's license under this subchapter, unless the licensee applies to the division for and receives a renewal of the license no later than 15 days after the change in control.

AB133-SSA1-SA1,377,22 224.94 Renewal of license. Except as provided under s. 224.935 (2), a licensee shall renew its license by submitting to the division a renewal application and the renewal fee as prescribed by the division not less than 60 days before the date on which the license expires. A renewal application is subject to the same criteria as the criteria for approval of an original license.

AB133-SSA1-SA1,377,25 224.95 Denial of or disciplinary action relating to license. (1) Mandatory denial. The division shall deny an application for issuance or renewal of a license under this subchapter if any of the following applies:

AB133-SSA1-SA1,378,2 (a) The applicant has failed to provide its federal employer identification number under s. 224.923.

AB133-SSA1-SA1,378,7 (b) The department of revenue has certified under s. 73.0301 that the applicant is liable for delinquent taxes. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice under s. 73.0301 (2) (b) 1. b. and a hearing under s. 73.0301 (5) (a) but is not entitled to a notice or hearing under sub. (4).

AB133-SSA1-SA1,378,17 (c) The applicant is an individual who has failed to comply, after appropriate notice, with a subpoena or warrant issued by the department of workforce development or a county child support agency under s. 59.53 (5) and related to paternity or child support proceedings or who is delinquent in making court-ordered payments of child or family support, maintenance, birth expenses, medical expenses or other expenses related to the support of a child or former spouse, as provided in a memorandum of understanding entered into under s. 49.857. An applicant whose application for issuance or renewal of a license is denied under this paragraph is entitled to a notice and a hearing under s. 49.857 but is not entitled to a notice or hearing under sub. (4).

AB133-SSA1-SA1,378,21 (2) Discretionary denial or disciplinary action. The division may deny an application for issuance or renewal of a license under this subchapter or may revoke, suspend or limit a license issued under this subchapter if the division finds that the applicant or nondepository lender did any of the following:

AB133-SSA1-SA1,378,23 (a) Made a material misstatement in an application for issuance or renewal of a license issued under this subchapter or in information provided to the division.

AB133-SSA1-SA1,378,24 (b) Demonstrated a lack of competency to act as a nondepository lender.

AB133-SSA1-SA1,378,25 (c) Violated any provision of this subchapter or any rule of the division.

AB133-SSA1-SA1,379,3 (3) Disciplinary orders. The division may issue general or special orders necessary to prevent or correct actions by a nondepository lender that constitute cause under this section for revoking, suspending or limiting a license.

AB133-SSA1-SA1,379,10 (4) Appeal of denial or disciplinary action. A person whose application for issuance or renewal of a license under this subchapter has been denied or whose license has been revoked, suspended or limited under this section may request a hearing under s. 227.42 within 30 days after the date of denial, revocation, suspension or limitation. Failure of a person to request a hearing within the time provided under this subsection is a waiver of the person's right to a hearing on the denial, revocation, suspension or limitation.

AB133-SSA1-SA1,379,13 224.96 Required loan loss reserve. Each licensee shall provide for a loan loss reserve sufficient to cover projected loan losses that are not guaranteed by the U.S. government or any agency of the U.S. government.

AB133-SSA1-SA1,379,25 224.97 Division review of nondepository lender operations. The division may, at any reasonable time, examine the books of account, records, condition and affairs of a nondepository lender licensed under this subchapter. The division shall examine the books of account, records, condition and affairs of every nondepository lender licensed under this subchapter at least once during every 12 month period. The division shall prepare a report of each examination conducted under this section. As part of an examination under this section or as part of the preparation of an examination report, the division may examine under oath any person in control, officer, director, agent, employe or customer of the nondepository lender. The division may require a nondepository lender that is examined under this section to pay to the division a reasonable fee for the costs of conducting the examination.

AB133-SSA1-SA1,380,1 224.98 Powers of licensee. A licensee may do any of the following:

AB133-SSA1-SA1,380,2 (1) Participate in the loan guaranty program under 15 USC 636 (a).

AB133-SSA1-SA1,380,5 (2) Participate in any other government program for which the licensee is eligible and which has as its function the provision or facilitation of financing or management assistance to business firms.

AB133-SSA1-SA1,380,9 224.985 Required records and reports. (1) Record keeping. A licensee shall keep books, accounts, and other records in such a form and manner as required by rule of the division. These records shall be kept at a location and shall be preserved for a length of time as prescribed by rule of the division.