For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: recovery of the costs of prosecution of violations of hazardous waste laws.
Analysis by the Legislative Reference Bureau
Environment
Hazardous substances and environmental cleanup
This bill authorizes the judge in a case in which a person has been found to have violated this state's hazardous waste laws to order the person to pay DOJ the reasonable costs of the investigation and prosecution of the violation.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 291.97 (3) of the statutes is created to read:
291.97 (3) COST RECOVERY. In addition to the penalties provided under subs. (1) and (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of the violation, including attorney fees and the costs of performing monitoring. 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 paragraph. 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).
SECTION 9329. Initial applicability; Justice.
(1) HAZARDOUS WASTE COST RECOVERY. The treatment of section 291.97 (3) of the statutes first applies to actions commenced on the effective date of this subsection.
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2007 - 2008 LEGISLATURE
DOA:......Miner, BB0128 - Appropriation for fees for landfill operator certification
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: solid waste facility operator certification and making an appropriation.
Analysis by the Legislative Reference Bureau
environment
Other environment
Under current law, DNR administers a program of certification for operators of solid waste disposal facilities. The law provides for a fee for the certification. This bill changes the appropriation into which the revenue from this fee is credited and from which the program is funded.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.370 (2) (dg) of the statutes is amended to read:
20.370 (2) (dg) Solid waste management -- solid and hazardous waste disposal administration. All moneys received from fees under ss. 289.42 (1), 289.43 (7) (e) 1. and 2., 289.61, 291.05 (7) and 291.33, except for moneys appropriated under sub. (9) (mj), for the purpose of administering ss. 289.42 (1), 289.43, 289.47, 289.53, 289.95, 291.23, 291.25, 291.29, 291.31 and 291.87 and subch. III of ch. 289.
SECTION 2. 20.370 (2) (di) of the statutes is repealed.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
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2007 - 2008 LEGISLATURE
DOA:......Miner, BB0131 - Eliminate sunset date for vehicle impact fees
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: the sunset for the motor vehicle environmental impact fee.
Analysis by the Legislative Reference Bureau
Transportation
Drivers and motor vehicles
Under current law, a person is required to pay an environmental impact fee of $9 upon registering a new motor vehicle with DOT or upon applying for a new certificate of title following the transfer of a vehicle. The environmental impact fee is credited to the environmental fund. The fee expires on December 31, 2007. This bill eliminates the expiration date for the environmental impact fee.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 342.14 (1r) of the statutes is amended to read:
342.14 (1r) Upon filing an application under sub. (1) or (3), an environmental impact fee of $9, by the person filing the application. All moneys collected under this subsection shall be credited to the environmental fund for environmental management. This subsection does not apply after December 31, 2007.
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2007 - 2008 LEGISLATURE
DOA:......Milioto, BB0047 - Long-Term Care Ombudsman Program expansion
For 2007-09 Budget -- Not Ready For Introduction
2007 BILL
AN ACT ...; relating to: authorizing access by the long-term care ombudsman or his or her representative to a client of the Family Care Program or to a client or resident in a residential care apartment complex, expanding rights of residents of facilities to include residents of residential care apartment complexes, and requiring posting of a notice.
Analysis by the Legislative Reference Bureau
Health and human services
Health
Under current law, under the Long-Term Care Ombudsman Program, the long-term care ombudsman or his or her designated representative may enter a long-term care facility at any time, without notice, and have access to clients and residents of the facility. "Long-term care facility" is defined as a nursing home, a community-based residential facility, a place in which care is provided under a continuing care contract, a swing bed in an acute care or extended care facility, or an adult family home. The ombudsman or representative may communicate in private with a client or resident, review records with consent of the client or resident or his or her legal counsel, and have access to records of the long-term care facility or of the DHFS concerning regulation of the long-term care facility.
Also under current law, residential care apartment complexes are certified or registered and otherwise regulated by DHFS. A "residential care apartment complex" is defined as a place where five or more adults reside that consists of independent apartments, each of which has an individual lockable entrance and exit, a kitchen with a stove, and individual bathroom, sleeping, and living areas, and that provides to a resident not more than 28 hours per week of supportive, personal, and nursing services.
Current law specifies rights of residents of nursing homes and community-based residential facilities, including the rights to have private and unrestricted communication with others, to present grievances without justifiable fear of reprisal, and to be fully informed of all services, charges for services, and changes in service.
Lastly, current law authorizes the Board on Aging and Long-Term Care (BOALTC) to contract to provide advocacy services to potential or actual recipients of the Family Care Program, or their families or guardians.
This bill expands the definition of a long-term care facility, for purposes of activities by the long-term care ombudsman or his or her designated representative, to include residential care apartment complexes.
The bill also includes residents of residential care apartment complexes as persons entitled to the rights that are specified under current law for residents of nursing homes and community-based residential facilities.
The bill requires a residential care apartment complex to post in a conspicuous location a notice of the name, address, and telephone number of the Long-Term Care Ombudsman Program.
Finally, the bill authorizes BOALTC to employ staff within the classified service to provide advocacy services to Family Care Program recipients or potential recipients, their families, and guardians.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 16.009 (1) (em) 7. of the statutes is created to read:
16.009 (1) (em) 7. A residential care apartment complex, as defined in s. 50.01 (1d).
SECTION 2. 16.009 (2) (p) (intro.) of the statutes is amended to read:
16.009 (2) (p) (intro.) Contract Employ staff within the classified service or contract with one or more organizations to provide advocacy services to potential or actual recipients of the family care benefit, as defined in s. 46.2805 (4), or their families or guardians. The board and contract organizations under this paragraph shall assist these persons in protecting their rights under all applicable federal statutes and regulations and state statutes and rules. An organization with which the board contracts for these services may not be a provider, nor an affiliate of a provider, of long-term care services, a resource center under s. 46.283 or a care management organization under s. 46.284. For potential or actual recipients of the family care benefit, advocacy services required under this paragraph shall include all of the following:
SECTION 3. 50.034 (3) (e) of the statutes is created to read:
50.034 (3) (e) Post in a conspicuous location in the residential care apartment complex a notice, provided by the board on aging and long-term care, of the name, address, and telephone number of the Long-Term Care Ombudsman Program under s. 16.009 (2) (b).
SECTION 4. 50.09 (title) of the statutes is amended to read:
50.09 (title) Rights of residents in certain facilities and complexes.
SECTION 5. 50.09 (1) of the statutes is renumbered 50.09 (1m), and 50.09 (1m) (intro.), (b), (c), (e), (f) 1. and 3., (g), (j) (intro.) and 2. (intro.) and a. and (L), as renumbered, are amended to read:
50.09 (1m) RESIDENTS' RIGHTS. (intro.) Every resident in a nursing home or community-based residential facility or a complex shall, except as provided in sub. (5), have the right to:
(b) Present grievances on the resident's own behalf or others to the facility's staff or administrator of the facility or complex, to public officials or to any other person without justifiable fear of reprisal, and to join with other residents or individuals within or outside of the facility or complex to work for improvements in resident care.
(c) Manage the resident's own financial affairs, including any personal allowances under federal or state programs, unless the resident delegates, in writing, such this responsibility to the facility or complex and the facility or complex accepts the responsibility, or unless the resident delegates to someone else of the resident's choosing and that person accepts the responsibility. The resident shall receive, upon written request by the resident or guardian, a written monthly account of any financial transactions made by the facility or complex under such a delegation of responsibility.
(e) Be treated with courtesy, respect and full recognition of the resident's dignity and individuality, by all employees of the facility or complex and licensed, certified, or registered providers of health care and pharmacists with whom the resident comes in contact.
(f) 1. 'Privacy for visits by spouse.' If both spouses are residents of the same facility or complex, they shall be permitted to share a room or apartment unless medically contraindicated as documented by the resident's physician or advanced practice nurse prescriber in the resident's medical record.
3. Confidentiality of health and personal records, and the right to approve or refuse their release to any individual outside the facility or complex, except in the case of the resident's transfer to another facility or complex or as required by law or 3rd-party payment contracts and except as provided in s. 146.82 (2) and (3).
(g) Not to be required to perform services for the facility or complex that are not included for therapeutic purposes in the resident's plan of care.
(j) (intro.) Be transferred or discharged, and be given reasonable advance notice of any planned transfer or discharge, and an explanation of the need for and alternatives to the transfer or discharge. The facility or complex to which the resident is to be transferred must have accepted the resident for transfer, except in a medical emergency or if the transfer or discharge is for nonpayment of charges following a reasonable opportunity to pay a deficiency. No person may be involuntarily discharged for nonpayment under this paragraph if the person meets all of the following conditions:
2. (intro.) The funding of his or her care in the nursing home or community-based residential facility under s. 49.45 (6m) is reduced or terminated because of one of the following:
a. He or she requires a level or type of care which that is not provided by the nursing home or community-based residential facility.
(L) Receive adequate and appropriate care within the capacity of the facility or complex.
SECTION 6. 50.09 (1g) of the statutes is created to read:
50.09 (1g) In this section, "complex" means a residential care apartment complex.
SECTION 7. 50.09 (2), (4) and (5) of the statutes are amended to read:
50.09 (2) The department, in establishing standards for nursing homes and community-based residential facilities and complexes may establish, by rule, rights in addition to those specified in sub. (1) (1m) for residents in such the facilities or complexes.
(4) Each facility or complex shall make available a copy of the rights and responsibilities established under this section and the facility's rules of the facility or complex to each resident and each resident's legal representative, if any, at or prior to the time of admission to the facility or complex, to each person who is a resident of the facility or complex, and to each member of the facility's staff of the facility or complex. The rights, responsibilities, and rules shall be posted in a prominent place in each facility or complex. Each facility or complex shall prepare a written plan and provide appropriate staff training to implement each resident's rights established under this section.
(5) Rights established under this section shall not, except as determined by the department of corrections, be applicable to residents in such facilities or complexes, if the resident is in the legal custody of the department of corrections and is a correctional client in such a facility or complex.
SECTION 8. 50.09 (6) (a), (b) and (d) of the statutes are amended to read:
50.09 (6) (a) Each facility or complex shall establish a system of reviewing complaints and allegations of violations of residents' rights established under this section. The facility or complex shall designate a specific individual who, for the purposes of effectuating this section, shall report to the administrator.
