SB421: Bill Text

SB421,43,4 146.70 (10) (b) Any person who discloses or uses, for any purpose not related to the operation of a basic or sophisticated system, any information contained in the data base database of that system shall be fined not more than $10,000 for each occurrence.

Note: Corrects spelling.

SB421, s. 117 Section 117. 153.45 (6) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,43,10 153.45 (6) The department may not sell or distribute data bases databases of information, from health care providers who are not hospitals or ambulatory surgery centers, that are able to be linked with public use data files, unless first approved by the independent review board.

Note: Corrects spelling.

SB421, s. 118 Section 118. 153.50 (1) (b) 2. d. and f. of the statutes, as created by 1999 Wisconsin Act 9, are amended to read:

SB421,43,13 153.50 (1) (b) 2. d. First date of the patient's same or similar illness, if any.

SB421,43,14 f. Dates of receipt by the patient of medical service.

Note: Inserts missing articles.

SB421, s. 119 Section 119. 153.50 (4) (a) 1. of the statutes, as affected by 1999 Wisconsin Act 9, section 2280kr, is amended to read:

SB421,43,19 153.50 (4) (a) 1. An agent of the department who is responsible for the patient-identifiable data in the department, in order to store the data and ensure the accuracy of the information in the data base database of the department.

Note: Corrects spelling.

SB421, s. 120 Section 120. 153.50 (4) (a) 2. of the statutes, as affected by 1999 Wisconsin Act 9, section 2280kr, is amended to read:

SB421,44,3 153.50 (4) (a) 2. A health care provider or the agent of a health care provider, to ensure the accuracy of the information in the data base database of the department.

Note: Corrects spelling.

SB421, s. 121 Section 121. 153.50 (4) (a) 3. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,44,7 153.50 (4) (a) 3. The department, for purposes of epidemiological investigation or to eliminate the need for duplicative data bases databases.

SB421, s. 122 Section 122. 153.50 (4) (a) 4. of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,44,12 153.50 (4) (a) 4. An entity that is required by federal or state statute to obtain patient-identifiable data for purposes of epidemiological investigation or to eliminate the need for duplicative data bases databases.

Note: Corrects spelling.

SB421, s. 123 Section 123. 153.60 (1) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,45,13 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, data base database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) and maintaining the board. The department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (4) (hi) during the fiscal year, the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (4) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg), 1997 stats., for the fiscal year, to health care providers who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (4) (hg).

Note: Corrects spelling. Section 20.435 (1) (dg) was repealed eff. 7-1-99 by 1997 Wis. Act 237.

SB421, s. 124 Section 124. 166.20 (1) (fm) of the statutes is amended to read:

SB421,45,16 166.20 (1) (fm) "Hazardous material" has the meaning given in 49 USC Appendix 1802 (4) 5102 (2).

Note: 49 USC Appendix 1802 (4) was codified as 49 USC 5102 (2).

SB421, s. 125 Section 125. 196.207 (6) (a) 3. of the statutes is amended to read:

SB421,45,20 196.207 (6) (a) 3. Intentionally disclose the unpublished telephone line identification through a computer data base database, on-line bulletin board or other similar mechanism.

Note: Corrects spelling.

SB421, s. 126 Section 126. 196.218 (5) (a) 5m. of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,46,2 196.218 (5) (a) 5m. To provide statewide access, through the Internet, to periodical reference information data bases databases.

Note: Corrects spelling.

SB421, s. 127 Section 127. 196.86 (2) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,46,12 196.86 (2) If the department of natural resources makes a notification to the commission under s. 285.48 (2), the commission shall assess against electric public utility affiliates a total of $2,400,000, or a decreased amount specified in a notice by the department of natural resources under s. 285.48 (3) (d) 3., in each fiscal year of the 10-year period that commences on July 1 of the fiscal year ending before the initial compliance date. An assessment in a fiscal year against an electric public utility affiliate under this subsection shall be in an amount that is proportionate to the electric public utility affiliate's heat throughput ratio for the prior fiscal year.

Note: Inserts missing article.

SB421, s. 128 Section 128. 218.11 (7) (b) of the statutes, as affected by 1999 Wisconsin Act 9, is amended to read:

SB421,47,2 218.11 (7) (b) No license may be suspended or revoked except after a hearing thereon. The department shall give the licensee at least 5 days' notice of the time and place of such hearing. The order suspending or revoking such license shall not be effective until after 10 days' written notice thereof to the licensee, after such hearing has been had; except that the department, when in its opinion the best interest of the public or the trade demands it, may suspend a license upon not less than 24 hours' notice of hearing and with not less than 24 hours' notice of the suspension of the license. Matters involving suspensions and revocations shall be heard and decided upon by the division of hearings and appeals. This paragraph does not apply to licenses that are suspended or revoked under sub. (6m).

Note: 1999 Wis. Act 9 deleted "or revoked" without showing it as stricken. No change was intended.

SB421, s. 129 Section 129. 224.985 (2) (a) of the statutes, as created by 1999 Wisconsin Act 9, is amended to read:

SB421,47,10 224.985 (2) (a) Financial statements, including the balance sheet, the statement of income or loss, the statement of changes in capital accounts and the statement of changes in financial position of the licensee. The licensee shall ensure that the financial statements have been audited by an independent certified public account accountant and prepared in accordance with generally accepted account principles.

Note: Corrects spelling.

SB421, s. 130 Section 130. 227.43 (5) of the statutes is repealed.

Note: Section 227.43 (5) was renumbered s. 227.43 (4) (b) and amended by 1995 Wis. Act 370, but the prior sub. (5) was inadvertently retained in the printed statutes.

SB421, s. 131 Section 131. 243.10 (1) of the statutes is amended to read:

SB421,47,14 243.10 (1) Form. The following is the form for the Wisconsin basic power of attorney for finances and property:

SB421,47,15 WISCONSIN BASIC POWER OF ATTORNEY

SB421,47,16 FOR FINANCES AND PROPERTY

SB421,48,13 NOTICE: THIS IS AN IMPORTANT DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. BY SIGNING THIS DOCUMENT, YOU ARE NOT GIVING UP ANY POWERS OR RIGHTS TO CONTROL YOUR FINANCES AND PROPERTY YOURSELF. IN ADDITION TO YOUR OWN POWERS AND RIGHTS, YOU ARE GIVING ANOTHER PERSON, YOUR AGENT, BROAD POWERS TO HANDLE YOUR FINANCES AND PROPERTY. THIS BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY MAY GIVE THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR FINANCES AND PROPERTY, WHICH MAY INCLUDE POWERS TO ENCUMBER, SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THE POWERS WILL EXIST AFTER YOU BECOME DISABLED, OR INCAPACITATED, IF YOU CHOOSE THAT PROVISION. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. IF YOU OWN COMPLEX OR SPECIAL ASSETS SUCH AS A BUSINESS, OR IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN THIS FORM TO YOU BEFORE YOU SIGN IT.

SB421,49,2 IF YOU WISH TO CHANGE YOUR BASIC POWER OF ATTORNEY FOR FINANCES AND PROPERTY, YOU MUST COMPLETE A NEW DOCUMENT AND REVOKE THIS ONE. YOU MAY REVOKE THIS DOCUMENT AT ANY TIME BY DESTROYING IT, BY DIRECTING ANOTHER PERSON TO DESTROY IT IN YOUR PRESENCE OR BY SIGNING A WRITTEN AND DATED STATEMENT EXPRESSING YOUR INTENT TO REVOKE THIS DOCUMENT. IF YOU REVOKE THIS DOCUMENT, YOU SHOULD NOTIFY YOUR AGENT AND ANY OTHER PERSON TO WHOM YOU HAVE GIVEN A COPY OF THE FORM. YOU ALSO SHOULD NOTIFY ALL PARTIES HAVING CUSTODY OF YOUR ASSETS. THESE PARTIES HAVE NO RESPONSIBILITY TO YOU UNLESS YOU ACTUALLY NOTIFY THEM OF THE REVOCATION. IF YOUR AGENT IS YOUR SPOUSE AND YOUR MARRIAGE IS ANNULLED, OR YOU ARE DIVORCED AFTER SIGNING THIS DOCUMENT, THIS DOCUMENT IS INVALID.

SB421,49,6 SINCE SOME 3RD PARTIES OR SOME TRANSACTIONS MAY NOT PERMIT USE OF THIS DOCUMENT, IT IS ADVISABLE TO CHECK IN ADVANCE, IF POSSIBLE, FOR ANY SPECIAL REQUIREMENTS THAT MAY BE IMPOSED.

SB421,49,8 YOU SHOULD SIGN THIS FORM ONLY IF THE AGENT YOU NAME IS RELIABLE, TRUSTWORTHY AND COMPETENT TO MANAGE YOUR AFFAIRS.

SB421,49,13 I .... (insert your name and address) appoint .... (insert the name and address of the person appointed) as my agent to act for me in any lawful way with respect to the powers initialed below. If the person appointed is unable or unwilling to act as my agent, I appoint .... (insert name and address of alternate person appointed) to act for me in any lawful way with respect to the powers initialed below.

SB421,49,15 TO GRANT ONE OR MORE OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.

SB421,49,17 TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD.

SB421,49,18 handling my money and property

SB421,49,19 Initials

SB421,49,21 _____ 1. PAYMENTS OF BILLS: My agent may make payments that are necessary or appropriate in connection with the administration of my affairs.

SB421,50,2 _____ 2. BANKING: My agent may conduct business with financial institutions, including endorsing all checks and drafts made payable to my order and collecting the proceeds; signing in my name checks or orders on all accounts in my name or for my benefit; withdrawing funds from accounts in my name; opening accounts in my name; and entering into and removing articles from my safe deposit box.

SB421,50,5 _____ 3. INSURANCE: My agent may obtain insurance of all types, as considered necessary or appropriate, settle and adjust insurance claims and borrow from insurers and 3rd parties using insurance policies as collateral.

SB421,50,8 _____ 4. ACCOUNTS: My agent may ask for, collect and receive money, dividends, interest, legacies and property due or that may become due and owing to me and give receipt for those payments.

SB421,50,12 _____ 5. REAL ESTATE: My agent may manage real property; sell, convey and mortgage realty for prices and on terms as considered advisable; foreclose mortgages and take title to property in my name; and execute deeds, mortgages, releases, satisfactions and other instruments relating to realty.

SB421,50,14 _____ 6. BORROWING: My agent may borrow money and encumber my assets for loans as considered necessary.

SB421,50,18 _____ 7. SECURITIES: My agent may buy, sell, pledge and exchange securities of all kinds in my name; sign and deliver in my name transfers and assignments of securities; and consent in my name to reorganizations, mergers or exchange of securities for new securities.

SB421,50,22 _____ 8. INCOME TAXES: My agent may make and sign tax returns; represent me in all income tax matters before any federal, state, or local tax collecting agency; and receive confidential information and perform any acts that I may perform, including receiving refund checks and the signing of returns.

SB421,50,24 _____ 9. TRUSTS: My agent may transfer at any time any of my property to a living trust that has been established by me before the execution of this document.

SB421,50,25 Professional and Technical Assistance

SB421,51,1 Initials

SB421,51,5 _____ 10. LEGAL ACTIONS: My agent may retain attorneys on my behalf; appear for me in all actions and proceedings to which I may be a party; commence actions and proceedings in my name; and sign in my name all documents or pleadings of every description.

SB421,51,8 _____ 11. PROFESSIONAL ASSISTANCE: My agent may hire accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate.

SB421,51,9 General Authority

SB421,51,10 Initials

SB421,51,17 _____ 12. GENERAL: My agent may do any act or thing that I could do in my own proper person if personally present, including managing or selling tangible assets, disclaiming a probate or nonprobate inheritance and providing support for a minor child or dependent adult. The specifically enumerated powers of the basic power of attorney for finances and property are not a limitation of this intended broad general power except that my agent may not take any action prohibited by law and my agent under this document may not:

SB421,51,18 a. Make medical or health care decisions for me.

SB421,51,19 b. Make, modify or revoke a will for me.

SB421,51,22 c. Other than a burial trust agreement under section 445.125, Wisconsin Statutes, enter into a trust agreement on my behalf or amend or revoke a trust agreement, entered into by me.

SB421,52,2 d. Change any beneficiary designation of any life insurance policy, qualified retirement plan, individual retirement account or payable on death account or the like whether directly or by canceling and replacing the policy or rollover to another plan or account.

SB421,52,4 e. Forgive debts owed to me or disclaim or waive benefits payable to me, except a probate or nonprobate inheritance.

SB421,52,5 f. Appoint a substitute or successor agent for me.

SB421,52,6 g. Make gifts.

SB421,52,7 COMPENSATION TO AGENT FROM PRINCIPAL'S FUNDS

SB421,52,8 Initials

SB421,52,11 _____ 13. compensation. My agent may receive compensation only in an amount not greater than that usual for the services to be performed if expressly authorized in the special instructions portion of this document.

SB421,52,12 accounting

SB421,52,13 Initials

SB421,52,17 _____ 14. accounting. My agent shall render an accounting (monthly) (quarterly) (annually) (CIRCLE ONE) to me or to .... (insert name and address) during my lifetime and a final accounting to the personal representative of my estate, if any is appointed, after my death.

SB421,52,18 Nomination of Guardian

SB421,52,19 Initials

SB421,52,22 _____ 15. GUARDIAN: If necessary, I nominate .... (name) of .... (address) as guardian of my person and I nominate .... (name) of .... (address) as guardian of my estate.

SB421,52,23 special instructions