AB150: Bill Text

AB150,1507,6 150.93 (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AB150, s. 4393 Section 4393. 153.05 (4m) of the statutes is repealed.

AB150, s. 4394 Section 4394. 153.48 of the statutes is repealed.

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

AB150,1507,15 155.01 (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, s. 4396 Section 4396. 157.062 (1) of the statutes is amended to read:

AB150,1508,2 157.062 (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 revenue. The association then has the powers of a corporation.

AB150, s. 4397 Section 4397. 157.062 (2) of the statutes is amended to read:

AB150,1508,9 157.062 (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 revenue a copy of the resolution, with the date of adoption, certified by the president and secretary or corresponding officers.

AB150, s. 4398 Section 4398. 157.062 (6) (b) of the statutes is amended to read:

AB150,1508,25 157.062 (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 revenue, 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.

AB150, s. 4399 Section 4399. 157.062 (6m) of the statutes is amended to read:

AB150,1509,4 157.062 (6m) Forms. The secretary of state department of revenue may prescribe and furnish forms for providing the information required under subs. (1) to (6).

AB150, s. 4400 Section 4400. 157.062 (9) of the statutes is amended to read:

AB150,1509,11 157.062 (9) Exemptions for certain nonprofit cemeteries. In lieu of delivering a certification, resolution or copy of proceedings to the secretary of state department of revenue 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.

AB150, s. 4401 Section 4401. 157.064 (7) of the statutes is amended to read:

AB150,1509,17 157.064 (7) Not more than 30 days after a transfer under sub. (6), the transferring association shall notify the secretary of state department of revenue in writing of the transfer, including the name and address of the accepting association or its treasurer. The secretary of state department of revenue may prescribe and furnish forms for providing the information required under this subsection.

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

AB150,1509,21 157.12 (1) Definition. Notwithstanding s. 157.061 (5), in this section, "department" means the department of industry, labor and human relations development.

AB150, s. 4403 Section 4403. 157.62 (1) (a) (intro.) of the statutes is amended to read:

AB150,1510,3 157.62 (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 revenue. The report shall be made on a calendar-year basis unless the secretary of state department of revenue, 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:

AB150, s. 4404 Section 4404. 157.62 (1) (c) of the statutes is amended to read:

AB150,1510,9 157.62 (1) (c) The secretary of state department of revenue may prescribe and furnish forms for reports required under this subsection. If the secretary of state department of revenue prescribes forms under this paragraph, he or she the department of revenue shall mail the forms to cemetery associations required to file under par. (a) no later than 60 days before the reports are due.

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

AB150,1510,15 157.65 (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, s. 4406 Section 4406. 157.65 (2) of the statutes is amended to read:

AB150,1511,2 157.65 (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, s. 4407 Section 4407. 159.03 (3) (b) of the statutes is amended to read:

AB150,1511,11 159.03 (3) (b) After the first meeting of the recycling market development board effective date of this paragraph .... [revisor inserts date], the board, the department, the department of development and the university of Wisconsin-extension shall enter into a memorandum of understanding setting forth each of their responsibilities in carrying out this state's activities relating to the marketing of materials recovered in recycling programs and the development of markets for these materials and the methods that they will use to cooperate in carrying out those activities.

AB150, s. 4408 Section 4408. 159.07 (2) of the statutes is amended to read:

AB150,1511,19 159.07 (2) Yard waste. Beginning on January 3, 1993, no person may dispose of yard waste in a solid waste disposal facility, except in a land spreading facility approved in accordance with ss. 144.43 to 144.47, or burn yard waste without energy recovery in a solid waste facility in this state, except that this prohibition does not apply to the burning of brush or other clean woody vegetative material that is no greater than 6 inches in diameter at a wood burning facility that is licensed or permitted under ch. 144.

AB150, s. 4409 Section 4409. 159.07 (7) (a) of the statutes is amended to read:

AB150,1511,25 159.07 (7) (a) The prohibitions in subs. (3) and (4) do not apply with respect to solid waste, except medical waste, as defined in par. (c) 1. cg., that is generated in a region that has an effective recycling program, as determined under s. 159.11, and, if the region is not in this state, the region is located in a state that has an effective siting program, as determined under s. 159.12.

AB150, s. 4410 Section 4410. 159.07 (7) (d) of the statutes is repealed and recreated to read:

AB150,1512,12 159.07 (7) (d) The department shall conduct a continuing review of markets for the materials listed in subs. (1m), (2), (3) and (4) that are recovered from solid waste, beneficial uses for those materials and technologies for managing the materials listed in subs. (1m), (2), (3) and (4) in solid waste. The department shall consider information submitted by any person that is relevant to this review. If the department finds, as a result of this review, that a prohibition in sub. (1m), (2), (3) or (4) is not feasible or practical with respect to a specific material, in light of the market for that material recovered from solid waste, beneficial uses for that material or technologies for managing that material in solid waste, and that the prohibition is not needed to achieve the goals of the state solid waste management policy in s. 159.05, the department may do one of the following:

AB150,1512,14 1. Promulgate a rule specifying the conditions under which the material may be disposed of, burned or converted into fuel in a solid waste facility.

AB150,1512,16 2. On a case-by-case basis, exempt specified persons from the prohibition under sub. (1m), (2), (3) or (4) with respect to the material.

AB150,1512,18 3. Authorize, for up to one year, the material to be disposed of, burned or converted into fuel in a solid waste facility.

AB150, s. 4411 Section 4411. 159.07 (7) (e) of the statutes is repealed.

AB150, s. 4412 Section 4412. 159.11 (1) of the statutes is amended to read:

AB150,1513,3 159.11 (1) Department review. Upon request of a responsible unit or an out-of-state unit, the department shall review documentation of the responsible unit's solid waste management program created under s. 159.09 (2) (a) or the out-of-state unit's solid waste management program and determine whether the program is an effective recycling program. The department shall complete its review and make a determination within 90 days after receiving the documentation. The department shall promulgate, by rule, its determination that an out-of-state unit's solid waste management program is an effective recycling program.

AB150, s. 4413 Section 4413. 159.11 (2m) (d) of the statutes is amended to read:

AB150,1513,9 159.11 (2m) (d) The department may grant a responsible unit with an effective recycling program a variance to a requirement in sub. (2) (b) or (er) for up to one year for a material identified in s. 159.07 (3) or (4) in the event of an unexpected emergency condition if the department takes action under s. 159.07 (7) (d) 1., 2. or 3. with respect to that material.

AB150, s. 4414 Section 4414. 159.12 of the statutes is repealed.

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

AB150,1513,14 159.17 (2) Fee use plan. (intro.) The department shall promulgate, by rule, a statewide plan for the use of moneys appropriated under s. 20.370 (2) (dj) (dr) to accomplish all of the following:

AB150, s. 4416 Section 4416. 159.22 (title) of the statutes is repealed.

AB150, s. 4417 Section 4417. 159.22 (1) of the statutes is repealed.

AB150, s. 4418 Section 4418. 159.22 (2) (intro.) of the statutes is repealed.

AB150, s. 4419 Section 4419. 159.22 (2) (a) of the statutes is renumbered 159.42 (5).

AB150, s. 4420 Section 4420. 159.22 (2) (b) of the statutes is renumbered 159.42 (6).

AB150, s. 4421 Section 4421. 159.22 (2) (c) of the statutes, as affected by 1993 Wisconsin Act 75, is renumbered 159.42 (7).

AB150, s. 4422 Section 4422. 159.22 (2) (d) of the statutes is renumbered 159.42 (8).

AB150, s. 4423 Section 4423. 159.22 (2) (g) of the statutes is renumbered 159.42 (9).

AB150, s. 4424 Section 4424. 159.22 (2) (h) of the statutes is renumbered 159.42 (10).

AB150, s. 4425 Section 4425. 159.22 (2) (i) of the statutes is renumbered 159.42 (11).

AB150, s. 4426 Section 4426. 159.22 (2m) of the statutes is repealed.

AB150, s. 4427 Section 4427. 159.22 (3) of the statutes is repealed.

AB150, s. 4428 Section 4428. 159.22 (4) of the statutes is repealed.

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

AB150,1514,7 159.23 (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, s. 4430 Section 4430. 159.23 (5s) (a) of the statutes is amended to read:

AB150,1514,11 159.23 (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, s. 4431 Section 4431. 159.25 (5) (a) of the statutes is amended to read:

AB150,1514,15 159.25 (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, s. 4432 Section 4432. 159.40 (3) of the statutes is amended to read:

AB150,1514,19 159.40 (3) "Recovered material" means a material specified in s. 159.07 (3) by the board under s. 159.42 (4g) that is recovered from solid waste in a recycling program established under subch. II for recycling.

AB150, s. 4433 Section 4433. 159.42 (4g) of the statutes is created to read:

AB150,1514,24 159.42 (4g) Annually establish a list of materials recovered from solid waste for which financial assistance may be provided under this subchapter, which shall include the materials specified in s. 159.07 (3), based on the board's analysis of current and future markets for materials recovered from solid waste.

AB150, s. 4434 Section 4434. 159.42 (4r) of the statutes is created to read:

AB150,1515,2 159.42 (4r) Biennially, submit a report to the legislature under s. 13.172 (2) on recycling market development priorities.

AB150, s. 4435 Section 4435. 159.46 (3) of the statutes is amended to read:

AB150,1515,9 159.46 (3) If the board awards assistance under sub. (1) that results in a loan being made by the recipient to another person, the board may direct that the repayments of the loan's principal and any interest either be repaid to the recipient for use in a revolving loan fund or returned to the board. The board shall credit any funds received under this subsection to the appropriation under s. 20.505 (4) 20.143 (1) (L).

AB150, s. 4436 Section 4436. 159.46 (4) of the statutes is amended to read:

AB150,1515,13 159.46 (4) In any biennium, the board may not expend more than 10% of the amount appropriated under s. 20.505 (4) (t) 20.143 (1) (tm) for that biennium for contracts with and financial assistance to responsible units.

AB150, s. 4437 Section 4437. 159.48 (title) of the statutes is amended to read:

AB150,1515,15 159.48 (title) Executive director and other staff Staff for the board.

AB150, s. 4438 Section 4438. 159.48 (1) of the statutes is repealed.

AB150, s. 4439 Section 4439. 159.48 (2) of the statutes is repealed.

AB150, s. 4440 Section 4440. 159.48 (3) of the statutes is renumbered 159.48 and amended to read:

AB150,1515,21 159.48 The secretary of development shall designate 2 employes of the department of development to shall provide staff for the board.

AB150, s. 4441 Section 4441. 160.01 (7) of the statutes is amended to read:

AB150,1516,3 160.01 (7) "Regulatory agency" means the department of agriculture, trade and consumer protection, the department of industry, labor and human relations development, the department of transportation, the department of natural resources and other state agencies which regulate activities, facilities or practices which are related to substances which have been detected in or have a reasonable probability of entering the groundwater resources of the state.

AB150, s. 4442 Section 4442. 161.455 (1) of the statutes is amended to read:

AB150,1516,8 161.455 (1) Any person who has attained the age of 18 17 years who knowingly solicits, hires, directs, employs or uses a person who has not attained the age of 18 years is 17 years of age or under for the purpose of violating s. 161.41 (1) may be fined not more than $50,000 or imprisoned for not more than 10 years or both.

AB150, s. 4443 Section 4443. 161.46 (1) of the statutes is amended to read:

AB150,1516,15 161.46 (1) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing a controlled substance listed in schedule I or II which is a narcotic drug to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (a) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (a), or both.

AB150, s. 4444 Section 4444. 161.46 (2) of the statutes is amended to read:

AB150,1516,22 161.46 (2) Except as provided in sub. (3), any person 18 17 years of age or over who violates s. 161.41 (1) by distributing any other controlled substance listed in schedule I, II, III, IV or V to a person under 18 17 years of age or under who is at least 3 years his or her junior is punishable by the fine authorized by s. 161.41 (1) (b), (i) or (j) or a term of imprisonment of up to twice that authorized by s. 161.41 (1) (b), (i) or (j) or both.