AB100: Bill Text

AB100, s. 2070 Section 2070. 153.07 (7) of the statutes is created to read:

AB100,964,23 153.07 (7) The board shall annually assess options and develop a plan and specific strategies to achieve automation of all health care systems in the state by 2010 or as soon as practicable.

AB100, s. 2071 Section 2071. 153.07 (8) of the statutes is created to read:

AB100,965,2 153.07 (8) The board shall administer the health care quality improvement fund.

AB100, s. 2072 Section 2072. 153.07 (9) of the statutes is created to read:

AB100,965,5 153.07 (9) The board may accept gifts, grants, bequests, and devises to be used in the execution of its functions.

AB100, s. 2073 Section 2073. 153.076 of the statutes is created to read:

AB100,965,7 153.076 Grants and loans. (1) In this section:

AB100,965,10 (a) "Clinic" means a place, other than a residence, that is used primarily for the provision of nursing, medical, podiatric, dental, chiropractic, or optometric care and treatment.

AB100,965,11 (b) "Health maintenance organization" has the meaning given in s. 609.01 (2).

AB100,965,12 (c) "Hospital" has the meaning given in s. 50.33 (2).

AB100,965,13 (d) "Physician" has the meaning given in s. 448.01 (5).

AB100,965,17 (2) (a) From the appropriation under s. 20.505 (4) (qb), the board may make grants or loans, under procedures and criteria determined by the board, to clinics, health maintenance organizations, or other health care systems, hospitals, or physicians for any of the following projects:

AB100,965,20 1. Installation of computer-assisted physician order entry, electronic medical records, or other information system infrastructure, including clinical decision support systems, to improve the quality, safety, and efficiency of patient care.

AB100,965,24 2. Development of health information exchanges, integrated health care data repositories, and interoperable systems to facilitate the reporting of quality, safety, and efficiency information for purposes of health care system improvement or related purposes by informing consumers and health care purchasers.

AB100,966,2 3. Demonstration, through pilot projects, of rapid cycle improvement in quality, safety, and efficiency of care.

AB100,966,4 4. Facilitation of group purchases of medical technology systems by assisting health care providers in forming collaborative agreements for technology.

AB100,966,6 (b) Repayment of any loans made under par. (a) shall be deposited into the health care quality improvement fund.

AB100, s. 2074 Section 2074. 153.60 (1) of the statutes is amended to read:

AB100,967,4 153.60 (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, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) 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) (1) (hi) during the fiscal year, and the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (4) (1) (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, other than hospitals and ambulatory surgery centers, 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. All payments of assessments shall be credited to the appropriation under s. 20.435 (4) (1) (hg).

AB100, s. 2075 Section 2075. 153.60 (3) of the statutes is amended to read:

AB100,967,16 153.60 (3) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures required for the collection, database development and maintenance and generation of public data files and standard reports for health care plans that voluntarily agree to supply health care data under s. 153.05 (6r). The department shall assess the estimated total amount for that fiscal year to health care plans in a manner specified by the department by rule and may enter into an agreement with the office of the commissioner of insurance for collection of the assessments. Each health plan that voluntarily agrees to supply this information shall pay the assessments on or before December 1. All payments of assessments shall be deposited in the appropriation under s. 20.435 (4) (1) (hg) and may be used solely for the purposes of s. 153.05 (6r).

AB100, s. 2076 Section 2076. 153.65 (1) of the statutes is amended to read:

AB100,967,24 153.65 (1) The department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this subsection shall be credited to the appropriation under s. 20.435 (4) (1) (hi).

AB100, s. 2077 Section 2077. 153.75 (title) of the statutes is amended to read:

AB100,968,1 153.75 (title) Rule making and enforcement.

AB100, s. 2078 Section 2078. 153.75 (3) of the statutes is created to read:

AB100,968,8 153.75 (3) Notwithstanding sub. (1) (a), (b), (f), (m), (n), (o), (s), (t), and (u) and ss. 153.05 (1), (5), and (8) and 153.45, after June 30, 2007, the department may not enforce rules promulgated under this chapter before July 1, 2007, relating to claims data to be submitted by physicians, to procedures for verification, review, and comment on the claims data, to adjustment of the data, and to waiver of the data submission requirement.

AB100, s. 2079 Section 2079. 153.75 (4) of the statutes is created to read:

AB100,968,14 153.75 (4) Notwithstanding sub. (1) (a), (b), (f), (m), (n), (o), (q), (t), and (u), and ss. 153.05 (1), (5) and (8), 153.21, and 153.45, after the effective date of this subsection .... [revisor inserts date], the department may not enforce rules promulgated under this chapter before the effective date of this subsection .... [revisor inserts date], relating to any of the following:

AB100,968,17 (a) The collection, from physicians, of health care plan affiliations and updating information, hospital privileges updating information, and workforce and practice information.

AB100,968,19 (b) The collection, from dentists, chiropractors, and podiatrists, of workforce and practice information.

AB100,968,22 (c) Procedures for verification, review, and comment on the information specified under pars. (a) and (b), to adjustment of the information, and to waiver of the information collection requirement.

AB100, s. 2080 Section 2080. 153.75 (5) of the statutes is created to read:

AB100,969,2 153.75 (5) After the effective date of this subsection .... [revisor inserts date], notwithstanding ss. 227.10 (1) and 227.11 (2) (a) and (d), the department may promulgate under this chapter only rules that are first approved by the health care quality and patient safety board.

AB100, s. 2081 Section 2081. 153.76 of the statutes is amended to read:

AB100,969,7 153.76 Rule-making by the independent review board. Notwithstanding s. 15.01 (1r), the independent review board may promulgate only those rules that are first reviewed and approved by the health care quality and patient safety board on health care information.

AB100, s. 2082 Section 2082. 165.065 (2) of the statutes is amended to read:

AB100,969,16 165.065 (2) The assistant attorney general in charge of antitrust investigations and prosecutions is to shall cooperate actively with the antitrust division of the U.S. department of justice in everything that concerns monopolistic practices in Wisconsin, and also to cooperate actively with the department of agriculture, trade, and consumer protection rural resources in the work which this agency is carrying on under s. 100.20 of the marketing law with regard to monopolistic practices in the field of agriculture and with the federal trade commission on matters arising in or affecting Wisconsin which pertain to its jurisdiction.

AB100, s. 2083 Section 2083. 165.10 of the statutes is created to read:

AB100,969,23 165.10 Civil rights enforcement. If any person, whether or not acting under color of law, interferes with the exercise or enjoyment by any individual of a right secured by the constitution or laws of the United States, or of a right secured by the constitution or laws of this state, the attorney general may bring an action for injunction or other appropriate equitable relief to protect the peaceable exercise or enjoyment of the right secured.

AB100, s. 2084 Section 2084. 165.25 (4) (ar) of the statutes is amended to read:

AB100,970,9 165.25 (4) (ar) The department of justice shall furnish all legal services required by represent the department of agriculture, trade, and consumer protection rural resources in any court action relating to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50 and 100.51 and chs. 126, 136, 344, 704, 707, and 779 ch. 126 and ss. 100.01 to 100.025, 100.05, 100.07, 100.14, 100.183 to 100.19, 100.201, 100.22, 100.235, 100.27, 100.285 to 100.297, 100.33 to 100.36, 100.45, 100.47, and 100.48, together with any other services as are necessarily connected to the legal services.

AB100, s. 2085 Section 2085. 165.252 of the statutes is created to read:

AB100,970,15 165.252 Consumer protection matters. The department of justice shall administer ss. 100.15 to 100.182, 100.20, 100.205, 100.207 to 100.2095, 100.28, 100.31, 100.37 to 100.44, 100.46, 100.50, and 100.52 and may promulgate rules to aid in the administration and enforcement of these sections. The department of justice may appear for the state in any court action relating to these sections.

AB100, s. 2086 Section 2086. 165.755 (1) (a) of the statutes is amended to read:

AB100,970,20 165.755 (1) (a) Except as provided in par. (b), a court shall impose under ch. 814 a crime laboratories and drug law enforcement surcharge of $7 $8 if the court imposes a sentence, places a person on probation, or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

AB100, s. 2087 Section 2087. 165.90 (title) of the statutes is repealed.

AB100, s. 2088 Section 2088. 165.90 (1) to (5) of the statutes are renumbered 16.964 (7m) (a) to (e), and 16.964 (7m) (a), (b) 2. and 9., (c), (cm) (intro.), (d) (intro.), 1. and 2. and (e) (intro.), as renumbered, are amended to read:

AB100,971,11 16.964 (7m) (a) Any county that has one or more a reservation of a federally recognized Indian reservations tribe within or partially within its boundaries or that borders a reservation of a federally recognized Indian tribe may enter into an agreement in accordance with s. 59.54 (12) with an Indian the tribe located in the county to establish a cooperative county-tribal law enforcement program. To be eligible to receive aid under this section subsection, a county and tribe shall develop and annually submit a joint program plan, by December 1 of the year prior to the year for which funding is sought, to the department of justice office for approval. If funding is sought for the 2nd or any subsequent year of the program, the county and tribe shall submit the report required under sub. (4) (b) par. (d) 2. together with the plan.

AB100,971,13 (b) 2. The program's need for funding under this section subsection and the amount of funding requested.

AB100,971,15 9. Any other information required by the department office or deemed relevant by the county and tribe submitting the plan.

AB100,971,17 (c) Upon request, the department office shall provide technical assistance to a county and tribe in formulating a joint program plan.

AB100,971,20 (cm) (intro.) In determining whether to approve a program plan and, if approved, how much aid the program shall receive, the department office shall consider the following factors:

AB100,972,2 (d) (intro.) If the department office approves a plan, the department office shall certify the program as eligible to receive aid under s. 20.455 (2) (kt) 20.505 (6) (kv). Prior to January 15, of the year for which funding is sought, the department office shall distribute from the appropriations under s. 20.455 (2) (kt) 20.505 (6) (kv) to each eligible program the amount necessary to implement the plan, subject to the following limitations:

AB100,972,4 1. A program may use funds received under s. 20.455 (2) (kt) 20.505 (6) (kv) only for law enforcement operations.

AB100,972,8 2. A program shall, prior to the receipt of funds under s. 20.455 (2) (kt) 20.505 (6) (kv) for the 2nd and any subsequent year, submit a report to the department office regarding the performance of law enforcement activities on the reservation in the previous fiscal year.

AB100,972,11 (e) (intro.) Annually, on or before January 15, the department office shall report on the performance of cooperative county-tribal law enforcement programs receiving aid under this section subsection to each of the following:

AB100, s. 2089 Section 2089. 165.92 (3) (a) of the statutes is amended to read:

AB100,972,18 165.92 (3) (a) Unless otherwise provided in a joint program plan under s. 165.90 (2) 16.964 (7m) (b) or an agreement between a political subdivision of this state and a tribe, the tribe that employs a tribal law enforcement officer is liable for all acts of the officer while acting within the scope of his or her employment and neither the state nor any political subdivision of the state may be held liable for any action of the officer taken under the authority of sub. (2) (a).

AB100, s. 2090 Section 2090. 166.03 (2) (a) 5. of the statutes is amended to read:

AB100,973,2 166.03 (2) (a) 5. Provide assistance to the Wisconsin wing of the civil air patrol from the appropriation under s. 20.465 (3) (f) (y) for the purpose of enabling the patrol to perform its assigned missions and duties as prescribed by U.S. air force regulations. Expenses eligible for assistance are aircraft acquisition and maintenance, communications equipment acquisition and maintenance and office staffing and operational expenses. The civil air patrol shall submit vouchers for expenses eligible for assistance to the division.

AB100, s. 2091 Section 2091. 166.215 (1) of the statutes is amended to read:

AB100,973,15 166.215 (1) Beginning July 1, 2001, the division shall contract with no more than 9 regional emergency response teams, one of which shall be located in La Crosse County. Each regional emergency response team shall assist in the emergency response to level A releases in a region of this state designated by the division. The division shall contract with at least one regional emergency response team in each area designated under s. 166.03 (2) (b) 1. The division may only contract with a local agency, as defined in s. 166.22 (1) (c), under this subsection. A member of a regional emergency response team shall meet the standards for a hazardous materials specialist in 29 CFR 1910.120 (q) (6) (iv) and national fire protection association standards NFPA 471 and 472. Payments to regional emergency response teams under this subsection shall be made from the appropriation account under s. 20.465 (3) (dd) (u).

AB100, s. 2092 Section 2092. 166.215 (2) of the statutes is amended to read:

AB100,974,3 166.215 (2) The division shall reimburse a regional emergency response team for costs incurred by the team in responding to an emergency involving a level A release, or a potential level A release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 1. to determine if an emergency requiring a response existed. Reimbursement under this subsection is limited to amounts collected under sub. (3) and the amounts appropriated under s. 20.465 (3) (dr) (x). Reimbursement is available under s. 20.465 (3) (dr) (x) only if the regional emergency response team has made a good faith effort to identify the person responsible under sub. (3) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the regional emergency response team.

AB100, s. 2093 Section 2093. 166.22 (3m) of the statutes is amended to read:

AB100,974,16 166.22 (3m) The division shall reimburse a local emergency response team for costs incurred by the team in responding to an emergency involving a hazardous substance release, or potential release, if the team followed the procedures in the rules promulgated under s. 166.20 (2) (bs) 2. to determine if an emergency requiring the team's response existed. Reimbursement under this subsection is limited to the amount appropriated under s. 20.465 (3) (dr) (x). Reimbursement is available under s. 20.465 (3) (dr) (x) only if the local emergency response team has made a good faith effort to identify the person responsible under sub. (4) and that person cannot be identified, or, if that person is identified, the team has received reimbursement from that person to the extent that the person is financially able or has determined that the person does not have adequate money or other resources to reimburse the local emergency response team.

AB100, s. 2094 Section 2094. 168.01 (2) of the statutes is amended to read:

AB100,975,6 168.01 (2) "Supplier" includes a person who imports, or acquires immediately upon import, petroleum products by pipeline or marine vessel from a state, territory or possession of the United States or from a foreign country into a terminal and who is registered under 26 USC 4101 for tax-free transactions in gasoline. "Supplier" also includes a person who produces in this state; or imports into a terminal or bulk plant; or acquires immediately upon import by truck, railcar or barge into a terminal; alcohol or alcohol derivative products. "Supplier" also includes a person who produces, manufactures or refines petroleum products in this state. "Supplier" also includes a person who acquires petroleum products pursuant to an industry terminal exchange agreement or by a 2-party exchange under section 4105 of the Internal Revenue Code. "Supplier" does not include a retail dealer or wholesaler who merely blends alcohol with gasoline before the sale or distribution of the product and does not include a terminal operator who merely handles in a terminal petroleum products consigned to the terminal operator.

AB100, s. 2095 Section 2095. 180.0122 (1) (w) of the statutes is amended to read:

AB100,975,13 180.0122 (1) (w) Application for certificate of withdrawal, $40, and in case that application shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1520 (2) (f), an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.

AB100, s. 2096 Section 2096. 180.0122 (1) (y) of the statutes is amended to read:

AB100,975,20 180.0122 (1) (y) Annual report of a foreign corporation, $65, and in case the annual report shows that the foreign corporation employs in this state capital in excess of the amount of capital on which a fee has previously been paid, computed as provided in s. 180.1503, an additional fee which, with previous payments made on account of capital employed in this state, will amount to $2 $3 for each $1,000 or fraction thereof of the excess.

AB100, s. 2097 Section 2097. 182.028 of the statutes is amended to read:

AB100,976,9 182.028 School corporations. Any corporation formed for the establishment and maintenance of schools, academies, seminaries, colleges, or universities or for the cultivation and practice of music shall have power to enact bylaws for the protection of its property, and provide fines as liquidated damages upon its members and patrons for violating the bylaws, and may collect the same in tort actions, and to prescribe and regulate the courses of instruction therein, and to confer such degrees and grant such diplomas as are usually conferred by similar institutions or as shall be appropriate to the courses of instruction prescribed, except that no corporation shall operate or advertise a school that is subject to s. 45.54 38.50 (10) without complying with the requirements of s. 45.54 38.50. Any stockholder may transfer his or her stock to the corporation for its use; and if the written transfer so provides the stock shall be perpetually held by the board of directors with all the rights of a stockholder, including the right to vote.

AB100, s. 2098 Section 2098. 196.219 (3m) of the statutes is created to read:

AB100,976,15 196.219 (3m) Late payment charges. (a) Maximum allowed. 1. Except as provided in subds. 2. and 3., a telecommunications utility may not impose a late payment charge on a retail consumer at a rate that exceeds $1.50 upon $100 for each month computed upon the declining principal balance of any amount that is not paid when due.

AB100,976,19 2. Except as provided in subd. 3., if the maximum late payment charge for any month that is allowed under subd. 1. is less than $5 for that month, the telecommunications utility may impose a late payment charge that does not exceed $5 for that month. This subdivision does not apply to residential retail consumers.

AB100,976,23 3. The commission may allow a telecommunications utility to impose a late payment charge at a rate that is greater than that allowed under subd. 1. or 2. if the commission determines that the greater amount is consistent with the factors specified in s. 196.03 (6).

AB100,977,2 (b) Payments to commission. 1. A telecommunications utility that imposes late payment charges that are subject to par. (a) shall pay to the commission, on a semiannual basis, 5 percent of such charges that are collected from nonresidential retail consumers.

AB100,977,4 2. The payments required under subd. 1. are due to the commission no later than 60 days after the conclusion of a semiannual period.

AB100,977,7 (c) Commission jurisdiction. The commission does not have jurisdiction over late payment charges except as may be necessary to enforce the requirements of this subsection.

AB100, s. 2099 Section 2099. 218.0116 (1) (gr) of the statutes is created to read:

AB100,977,9 218.0116 (1) (gr) Being a dealer who violates s. 218.0146 (4).

AB100, s. 2100 Section 2100. 218.0146 (4) of the statutes is created to read:

AB100,977,13 218.0146 (4) A motor vehicle dealer who is required to submit to the department an application for transfer of title and registration under s. 342.16 (1) (a) shall comply with the requirements of s. 342.16 (1) (am).

AB100, s. 2101 Section 2101. 218.0171 (2) (cq) of the statutes is amended to read:

AB100,977,20 218.0171 (2) (cq) Upon payment of a refund to a consumer under par. (b) 2. b., the manufacturer shall provide to the consumer a written statement that specifies the trade-in amount previously applied under s. 77.51 (4) (b) 3. or 3m. or (15) (b) 4. or 4m. (12m) (b) 5. or 6. or (15b) (b) 5. or 6. toward the sales price of the motor vehicle having the nonconformity and the date on which the manufacturer provided the refund.