AB150: Bill Text

AB150,2071,2 233.17 Liability limited. Neither the state, any political subdivision of the state nor any officer, employe or agent of the state or a political subdivision who is acting within the scope of employment or agency is liable for any debt, obligation, act or omission of the authority.

AB150,2071,5 233.20 Issuance of bonds. (1) The authority may issue bonds for any corporate purpose. All bonds are negotiable for all purposes, notwithstanding their payment from a limited source.

AB150,2071,8 (2) The bonds of each issue shall be payable from sources specified in the bond resolution under which the bonds are issued or in a related trust agreement, trust indenture, indenture of mortgage or deed of trust.

AB150,2071,19 (3) The authority may not issue bonds unless the issuance is first authorized by a bond resolution. Bonds shall bear the dates, mature at the times not exceeding 30 years from their dates of issue, bear interest at the rates, be payable at the times, be in the denominations, be in the form, carry the registration and conversion privileges, be executed in the manner, be payable in lawful money of the United States at the places, and be subject to the terms of redemption, that the bond resolution provides. The bonds shall be executed by the manual or facsimile signatures of the officers of the authority designated by the board. The bonds may be sold at public or private sale at the price, in the manner and at the time determined by the board. Pending preparation of definitive bonds, the authority may issue interim receipts or certificates that shall be exchanged for the definitive bonds.

AB150,2071,22 (4) Any bond resolution may contain provisions, which shall be a part of the contract with the holders of the bonds that are authorized by the bond resolution, regarding any of the following:

AB150,2071,23 (a) Pledging or assigning specified assets or revenues of the authority.

AB150,2071,25 (b) Setting aside reserves or sinking funds, and the regulation, investment and disposition of these funds.

AB150,2072,2 (c) Limitations on the purpose to which or the investments in which the proceeds of the sale of any issue of bonds may be applied.

AB150,2072,5 (d) Limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured and the terms upon which additional bonds may rank on a parity with, or be subordinate or superior to, other bonds.

AB150,2072,6 (e) Funding, refunding, advance refunding or purchasing outstanding bonds.

AB150,2072,9 (f) Procedures, if any, by which the terms of any contract with bondholders may be amended, the amount of bonds the holders of which must consent to the amendment and the manner in which this consent may be given.

AB150,2072,12 (g) Defining the acts or omissions to act that constitute a default in the duties of the authority to the bondholders, and providing the rights and remedies of the bondholders in the event of a default.

AB150,2072,13 (h) Other matters relating to the bonds that the board considers desirable.

AB150,2072,17 (5) Neither the members of the board nor any person executing the bonds is liable personally on the bonds or subject to any personal liability or accountability by reason of the issuance of the bonds, unless the personal liability or accountability is the result of wilful misconduct.

AB150,2073,2 233.21 Bond security. The authority may secure bonds by a trust agreement, trust indenture, indenture of mortgage or deed of trust by and between the authority and one or more corporate trustees. A bond resolution providing for the issuance of bonds so secured shall mortgage, pledge, assign or grant security interests in some or all of the revenues to be received by, and property of, the authority and may contain those provisions for protecting and enforcing the rights and remedies of the bondholders that are reasonable and proper and not in violation of law. A bond resolution may contain other provisions determined by the board to be reasonable and proper for the security of the bondholders.

AB150,2073,8 233.22 Bonds not public debt. (1) The state is not liable on bonds and the bonds are not a debt of the state. All bonds shall contain a statement to this effect on the face of the bond. A bond issue does not, directly or indirectly or contingently, obligate the state or a political subdivision of the state to levy any or make any appropriation for payment of the bonds. Nothing in this section prevents the authority from pledging its full faith and credit to the payment of bonds.

AB150,2073,18 (2) Nothing in this chapter authorizes the authority to create a debt of the state, and all bonds issued by the authority are payable, and shall state that they are payable, solely from the funds pledged for their payment in accordance with the bond resolution authorizing their issuance or in any trust indenture or mortgage or deed of trust executed as security for the bonds. The state is not liable for the payment of the principal of or interest on a bond or for the performance of any pledge, mortgage, obligation or agreement that may be undertaken by the authority. The breach of any pledge, mortgage, obligation or agreement undertaken by the authority does not impose pecuniary liability upon the state or a charge upon its general credit or against its taxing power.

AB150,2073,25 233.23 State pledge. The state pledges to and agrees with the bondholders, and persons that enter into contracts with the authority under this chapter, that the state will not limit or alter the rights vested in the authority by this chapter before the authority has fully met and discharged the bonds, and any interest due on the bonds, and has fully performed its contracts, unless adequate provision is made by law for the protection of the bondholders or those entering into contracts with the authority.

AB150,2074,4 233.26 Refunding bonds. (1) The authority may issue bonds to fund or refund any outstanding bond, including the payment of any redemption premium on the outstanding bond and any interest accrued or to accrue to the earliest or any subsequent date of redemption, purchase or maturity.

AB150,2074,9 (2) The authority may apply the proceeds of any bond issued to fund or refund any outstanding bond to purchase, retire at maturity or redeem any outstanding bond. The authority may, pending application, place the proceeds in escrow to be applied to the purchase, retirement at maturity or redemption of any outstanding bond at any time.

AB150,2074,16 233.27 Limit on the amount of outstanding bonds. The authority may not issue bonds or incur indebtedness described under s. 233.03 (12) if, after the bonds are issued or the indebtedness is incurred, the aggregate principal amount of the authority's outstanding bonds, together with all indebtedness described under s. 233.03 (12) would exceed $90,000,000. Bonds issued to fund or refund outstanding bonds, or indebtedness incurred to pay off or purchase outstanding indebtedness, is not included in calculating compliance with the $90,000,000 limit.

AB150, s. 6302 Section 6302. 234.01 (5k) of the statutes is amended to read:

AB150,2074,22 234.01 (5k) "Financial institution" means a bank, savings bank, savings and loan association, credit union, insurance company, finance company, mortgage banker registered under s. 440.72 224.72, community development corporation, small business investment corporation, pension fund or other lender which provides commercial loans in this state.

AB150, s. 6303 Section 6303. 234.49 (2) (a) 4. of the statutes is amended to read:

AB150,2075,3 234.49 (2) (a) 4. To designate as an authorized lender the authority or any local government agency, housing authority under s. 59.075, 61.73, 66.395 or 66.40, bank, savings bank, savings and loan institution, mortgage banker registered under s. 440.72 224.72 or credit union, if the designee has a demonstrated history or potential of ability to adequately make and service housing rehabilitation loans.

AB150, s. 6304 Section 6304. 234.59 (1) (h) of the statutes is amended to read:

AB150,2075,6 234.59 (1) (h) "Mortgage banker" means a mortgage banker registered under s. 440.72 224.72, but does not include a person licensed under s. 138.09.

AB150, s. 6305 Section 6305. 234.75 (10) of the statutes is amended to read:

AB150,2075,14 234.75 (10) "State agency" means any office, department, agency, institution of higher education, association, society or other body in state government created or authorized to be created by the constitution or any law which is entitled to expend moneys appropriated by law, including the legislature and the courts, and the authority, the Bradley center sports and entertainment corporation , the University of Wisconsin Hospitals and Clinics Authority and the health and educational facilities authority.

AB150, s. 6306 Section 6306. 234.907 (1) (g) of the statutes is amended to read:

AB150,2075,20 234.907 (1) (g) "Raw agricultural commodity" means any agricultural, aquacultural, horticultural, viticultural, vegetable, poultry, and livestock products produced in this state, including milk and milk products or by-products, bees and honey products, timber and wood products, or any class, variety or utilization of the products, in their natural state.

AB150, s. 6307 Section 6307. 234.907 (2) (h) of the statutes is amended to read:

AB150,2076,2 234.907 (2) (h) The loan results in new or more viable methods for the processing or marketing of a product from a raw agricultural commodity job creation or retention in this state or enables the borrower to comply with the rules promulgated by the department of natural resources for the commercial fishing of whitefish in Lake Superior.

AB150, s. 6308 Section 6308. 236.02 (4) of the statutes is amended to read:

AB150,2076,5 236.02 (4) "Department" means the department of agriculture, trade and consumer protection development.

AB150, s. 6309 Section 6309. 236.12 (2) (a) of the statutes is amended to read:

AB150,2076,19 236.12 (2) (a) Two copies for each of the state agencies required to review the plat to the department which shall examine the plat for compliance with ss. 236.13 (1) (d) and (2m), 236.15, 236.16, 236.20 and 236.21 (1) and (2). If the subdivision abuts or adjoins a state trunk highway or connecting highway, the department shall transmit 2 copies to the department of transportation so that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. If the subdivision is not served by a public sewer and provision for such service has not been made, the department shall transmit 2 copies to the department of industry, labor and human relations so that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure the agencies may designate local officials to act as their agents in examining the plats for compliance with the statutes or their rules by filing a written delegation of authority with the approving body.

AB150, s. 6310 Section 6310. 236.13 (1) (d) of the statutes is amended to read:

AB150,2076,24 236.13 (1) (d) The rules of the department of industry, labor and human relations relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by a public sewer, where provision for public sewer service has not been made;

AB150, s. 6311 Section 6311. 236.13 (2m) of the statutes is amended to read:

AB150,2077,13 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of industry, labor and human relations development, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, industrial wastes and other wastes, as defined in s. 144.01. The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of industry, labor and human relations development determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

AB150, s. 6312 Section 6312. 236.292 (1) of the statutes is amended to read:

AB150,2077,16 236.292 (1) All restrictions on platted land that interfere with the development of the ice age trail under s. 23.17 27.0135 are void.

AB150, s. 6313 Section 6313. 250.08 (3) of the statutes is amended to read:

AB150,2078,4 250.08 (3) Primary health care services grants. From the appropriation under s. 20.435 (1) (cp), the department shall award up to $750,000 $250,000 in each fiscal year as grants to applying local health departments. Grants under this subsection shall be awarded, under procedures and criteria developed by the department, for the provision, primarily by nurse practitioners who meet the qualifications for certification as medical assistance providers by the department and by public health nurses, of primary health care services in, among other places, maternal and child health clinics and community health settings. Award of a grant to a local health department under this subsection is conditioned upon receipt by the department of an agreement by the county, city or village that has established the local health department to provide funds or in-kind services to match 25% of the amount of a grant awarded.

AB150, s. 6314 Section 6314. 250.10 of the statutes is amended to read:

AB150,2078,11 250.10 Grant for dental services. From the appropriation under s. 20.435 (1) (de), the department shall provide funding in each fiscal year to the Marquette university school of dentistry University School of Dentistry for the provision of dental services by the Marquette university school of dentistry University School of Dentistry in correctional centers in Milwaukee County and clinics in the city of Milwaukee.

AB150, s. 6315 Section 6315. 252.04 (11) of the statutes is amended to read:

AB150,2078,15 252.04 (11) Annually, by July 1, 1991, 1992, 1993 and 1994 1995 and 1996, the department shall submit a report to the legislature under s. 13.172 (3) on the success of the statewide immunization program under this section.

AB150, s. 6316 Section 6316. 252.076 (3) of the statutes is amended to read:

AB150,2078,23 252.076 (3) Management of the 2 jointly housed units shall be separate and distinct. The county home unit shall for all purposes be deemed part of, and managed and operated by the same authorities as any previously established and existing county home of the county. Except as otherwise provided by statute and so far as applicable, this section and ss. 252.073 and 252.08 shall continue to apply to a jointly housed county tuberculosis sanatorium and ss. 49.14 and 49.15 49.70 and 49.703 shall apply to a jointly housed county home or a unit of a jointly housed county home.

AB150, s. 6317 Section 6317. 252.08 (3) of the statutes is amended to read:

AB150,2079,6 252.08 (3) Inpatient care exceeding 30 days for pulmonary tuberculosis patients not eligible for federal medicare benefits, for medical assistance under subch. V of ch. 49 or for general emergency medical relief under subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.

AB150, s. 6318 Section 6318. 252.10 (6) (g) of the statutes is amended to read:

AB150,2079,10 252.10 (6) (g) The reimbursement by the state under pars. (a) to (f) shall apply only until to funds that the department allocates for the reimbursement under the appropriation under s. 20.435 (1) (e) is totally expended.

AB150, s. 6319 Section 6319. 252.12 (2) (a) (intro.) of the statutes is amended to read:

AB150,2079,18 252.12 (2) (a) Acquired immunodeficiency syndrome services. (intro.) From the appropriations under s. 20.435 (1) (a) and (am), the department shall distribute not more than $2,765,400 in fiscal year 1993-94 and not more than $3,222,100 in fiscal year 1994-95 and from the appropriations under s. 20.435 (1) (mc) and (md) and (6) (mc) the department shall distribute not more than $177,000 in each fiscal year funds for the provision of services to individuals with or at risk of contracting acquired immunodeficiency syndrome, as follows:

AB150, s. 6320 Section 6320. 252.12 (2) (a) 7. of the statutes is amended to read:

AB150,2079,24 252.12 (2) (a) 7. `Contracts for counseling and laboratory testing services.' The department shall distribute funding of not more than $442,200 in fiscal year 1993-94 and not more than $510,300 in fiscal year 1994-95 in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous counseling services and laboratory testing services for the presence of HIV.

AB150, s. 6321 Section 6321. 252.12 (2) (a) 8. of the statutes is amended to read:

AB150,2080,9 252.12 (2) (a) 8. `Life care and early intervention services.' The department shall award not more than $1,457,500 in fiscal year 1993-94 1995-96 and not more than $1,647,700 in fiscal year 1994-95 1996-97 in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under s. 20.435 (1) (am).

AB150, s. 6322 Section 6322. 252.14 (1) (d) of the statutes is amended to read:

AB150,2080,16 252.14 (1) (d) "Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department under ss. 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 and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06 or 252.10 or ch. 142.

AB150, s. 6323 Section 6323. 252.15 (2) (a) 7. ak. of the statutes is amended to read:

AB150,2081,4 252.15 (2) (a) 7. ak. A physician, based on information provided to the physician, determines and certifies in writing that the affected person has been significantly exposed. The certification shall accompany the request for testing and disclosure. If the affected person who is significantly exposed is a physician, he or she may not make this determination or certification. The information that is provided to a physician to document the occurrence of a significant exposure and the physician's certification that an affected person has been significantly exposed, under this subd. 7. ak., shall be provided on a report form that is developed by the department of industry, labor and human relations development under s. 101.02 (19) (a) or on a report form that the department of industry, labor and human relations development determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

AB150, s. 6324 Section 6324. 252.16 (2) of the statutes is amended to read:

AB150,2081,12 252.16 (2) Subsidy program. From the appropriation under s. 20.435 (1) (am), the department shall distribute not more than $197,900 in fiscal year 1993-94 and not more than $280,400 in fiscal year 1994-95 funding in each fiscal year to subsidize the premium costs under s. 252.17 (2) and, under this subsection, the premium costs for continuation coverage available to an individual who has HIV infection and who is unable to continue his or her employment or must reduce his or her hours because of an illness or medical condition arising from or related to HIV infection.

AB150, s. 6325 Section 6325. 253.06 of the statutes is amended to read:

AB150,2081,24 253.06 (title) State supplemental Supplemental food program for women, infants and children. From the appropriation under s. 20.435 (1) (em), the department shall supplement the provision of supplemental foods, nutrition education and other services, including nutritional counseling, to low-income women, infants and children who meet the eligibility criteria under the federal special supplemental food program for women, infants and children authorized under 42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under 42 USC 1786, every county shall provide the supplemental food, nutrition education and other services authorized under this section 42 USC 1786 and shall establish or designate an agency to administer that provision.

AB150, s. 6326 Section 6326. 253.085 (1) of the statutes is amended to read:

AB150,2082,6 253.085 (1) The department shall conduct an outreach program to make low-income pregnant women aware of the importance of early prenatal health care and of the availability of medical assistance benefits under ss. 49.45 to 49.47 subch. IV of ch. 49 and other types of funding for prenatal care, to refer women to prenatal care services in the community and to make follow-up contacts with women referred to prenatal care services.

AB150, s. 6327 Section 6327. 254.02 (3) (a) of the statutes is amended to read:

AB150,2082,14 254.02 (3) (a) The departments department of agriculture, trade and consumer protection, the department of corrections, industry, labor and human relations the department of development, and the department of natural resources shall enter into memoranda of understanding with the department to establish protocols for the department to review proposed rules of those state agencies relating to air and water quality, occupational health and safety, institutional sanitation, toxic substances, indoor air quality, food protection or waste handling and disposal.

AB150, s. 6328 Section 6328. 254.151 (1) (a) of the statutes is repealed.

AB150, s. 6329 Section 6329. 254.151 (1) (c) of the statutes is amended to read:

AB150,2082,22 254.151 (1) (c) Not more than $260,000 in each fiscal year to local health departments that both do not receive a grant under par. (a) or (b) and do not receive a grant from the federal centers for disease control and prevention relating to lead poisoning or lead exposure for that fiscal year. The department may not award a grant under this paragraph if the award would provide more than $25,000 in a fiscal year under this paragraph to local health departments located in that county.

AB150, s. 6330 Section 6330. 254.176 (2) (e) of the statutes is amended to read:

AB150,2083,3 254.176 (2) (e) A person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment if the person is registered with the department of industry, labor and human relations development and if the person engages in activities that constitute lead hazard reduction, only to the extent that the activities are within the scope of his or her registration.

AB150, s. 6331 Section 6331. 254.22 (4) of the statutes is amended to read:

AB150,2083,6 254.22 (4) Assist the department of industry, labor and human relations development with the enforcement of s. 101.123.

AB150, s. 6332 Section 6332. 254.33 of the statutes is amended to read:

AB150,2083,19 254.33 Public policy. Since radiations and their sources can be instrumental in the improvement of the health and welfare of the public if properly utilized, and may be destructive or detrimental to life or health if carelessly or excessively employed or may detrimentally affect the environment of the state if improperly utilized, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation and to prohibit and prevent exposure to radiation in amounts which are or may be detrimental to health. It is further the policy to advise, consult and cooperate with the department of industry, labor and human relations development and other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions and industries; and, in general, to conform as nearly as possible to nationally accepted standards in the promulgation and enforcement of rules.

AB150, s. 6333 Section 6333. 254.34 (1) (intro.) of the statutes is amended to read:

AB150,2083,22 254.34 (1) (intro.)  The department and the department of industry, labor and human relations development shall:

AB150, s. 6334 Section 6334. 254.34 (2) (intro.) of the statutes is amended to read:

AB150,2083,25 254.34 (2) (intro.)  The department, serving as the lead agency, and the department of industry, labor and human relations development may: