AB50: Bill Text

AB50,1150,2 1. The number of health care entities reporting for the year, disaggregated by the business structure of each specified entity.

AB50,1150,4 2. The names, addresses, and business structure of any entities with an ownership or controlling interest in each health care entity.

AB50,1150,5 3. Any change in ownership or control for each health care entity.

AB50,1150,6 4. Any change in the tax identification number of a health care entity.

AB50,1150,10 5. As applicable, the name, address, tax identification number, and business structure of other affiliates under common control, subsidiaries, and management services entities for the health care entity, including the business type and the tax identification number of each.

AB50,1150,12 6. An analysis of trends in horizontal and vertical consolidation, disaggregated by business structure and provider type.

AB50,1150,20 (c) The department may share information reported under this section with the attorney general, other state agencies, and other state officials to reduce or avoid duplication in reporting requirements or to facilitate oversight or enforcement under state law. Any tax identification numbers that are individual social security numbers may be shared with the attorney general, other state agencies, or other state officials that agree to maintain the confidentiality of such information. The department may, in consultation with the relevant state agencies, merge similar reporting requirements where appropriate.

AB50,1151,2 (5) Enforcement. (a) Audit and inspection authority. The department is authorized to audit and inspect the records of any health care entity that has failed to submit complete information pursuant to this section or if the department has reason to question the accuracy or completeness of the information submitted pursuant this section.

AB50,1151,5 (b) Random audits. The department shall conduct annual audits of a random sample of health care entities to verify compliance with, accuracy, and completeness of the reported information pursuant to this section.

AB50,1151,8 (c) Penalty for failure to report. If a health care entity fails to provide a complete report under sub. (1), or submits a report containing false information, the entity shall be subject to all of the following civil penalties, as appropriate:

AB50,1151,12 1. Health care entities consisting of independent health care providers or provider organizations without any 3rd-party ownership or control entities, with 10 or fewer physicians or less than $10 million in annual revenue, a forfeiture of up to $50,000 for each report not provided or containing false information.

AB50,1151,14 2. For all other health care entities, a forfeiture of up to $500,000 for each report not provided or containing false information.

AB50,2211 Section 2211. 154.01 (1g) of the statutes is amended to read:

AB50,1151,19 154.01 (1g) “Advanced practice registered nurse” means a nurse an individual licensed under ch. 441 who is currently certified by a national certifying body approved by the board of nursing as a nurse practitioner, certified nurse- midwife, certified registered nurse anesthetist, or clinical nurse specialist s. 441.09.

AB50,2212 Section 2212. 155.01 (1g) (b) of the statutes is repealed and recreated to read:

AB50,1151,24 155.01 (1g) (b) An individual who is licensed as an advanced practice registered nurse and possesses a nurse practitioner specialty designation under s. 441.09.

AB50,2213 Section 2213. 157.05 of the statutes is amended to read:

AB50,1152,8 157.05 Autopsy. Consent for a licensed physician to conduct an autopsy on the body of a deceased person shall be deemed sufficient when given by whichever one of the following assumes custody of the body for purposes of burial: Father, mother, husband, wife parent, spouse, child, guardian, next of kin, domestic partner under ch. 770, or in the absence of any of the foregoing, a friend, or a person charged by law with the responsibility for burial. If 2 or more such persons assume custody of the body, the consent of one of them shall be deemed sufficient.

AB50,2214 Section 2214. 157.06 (11) (hm) of the statutes is created to read:

AB50,1152,13 157.06 (11) (hm) Unless otherwise required by federal law, a hospital, physician, procurement organization, or other person may not determine the ultimate recipient of an anatomical gift based solely upon a positive test for the use of marijuana by a potential recipient.

AB50,2215 Section 2215. 157.06 (11) (i) of the statutes is amended to read:

AB50,1152,16 157.06 (11) (i) Except as provided under par. pars. (a) 2. and (hm), nothing in this section affects the allocation of organs for transplantation or therapy.

AB50,2216 Section 2216. 160.07 (5) of the statutes is renumbered 160.07 (5) (a) and amended to read:

AB50,1153,2 160.07 (5) (a) Within Except as provided under par. (b), within 9 months after transmitting the name of a substance to the department of health services under sub. (2), the department of natural resources shall propose rules establishing the recommendation of the department of health services as the enforcement standard for that substance and publish the notice required under s. 227.16 (2) (e), 227.17 or 227.24 (3).

AB50,2217 Section 2217. 160.07 (5) (b) of the statutes is created to read:

AB50,1153,9 160.07 (5) (b) Within 3 months after receiving a recommended enforcement standard for a perfluoroalkyl or polyfluoroalkyl substance from the department of health services under sub. (3), the department of natural resources shall prepare a statement of scope under s. 227.135 of proposed rules that establish the recommendation of the department of health services as the enforcement standard for that substance.

AB50,2218 Section 2218. 165.08 (1) of the statutes is amended to read:

AB50,1153,23 165.08 (1) Any civil action prosecuted by the department by direction of any officer, department, board, or commission, or any shall be compromised or discontinued when so directed by such officer, department, board, or commission. Any civil action prosecuted by the department on the initiative of the attorney general, or at the request of any individual may be compromised or discontinued with the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, by submission of a proposed plan to the joint committee on finance for the approval of the committee. The compromise or discontinuance may occur only if the joint committee on finance approves the proposed plan. No proposed plan may be submitted to the joint committee on finance if the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization the governor.

AB50,2219 Section 2219. 165.10 of the statutes is amended to read:

AB50,1154,14 165.10 Deposit Limits on expenditure of discretionary settlement funds. The Notwithstanding s. 20.455 (3) (g), before the attorney general shall deposit all may expend settlement funds into the general fund under s. 20.455 (3) (g) that are not committed under the terms of the settlement, the attorney general shall submit to the joint committee on finance a proposed plan for the expenditure of the funds. If the cochairpersons of the committee do not notify the attorney general within 14 working days after the submittal that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds to implement the proposed plan. If, within 14 working days after the submittal, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may expend the funds only to implement the plan as approved by the committee.

AB50,2220 Section 2220. 165.12 (2) (a) of the statutes is repealed.

AB50,2221 Section 2221. 165.25 (1) of the statutes is amended to read:

AB50,1155,2 165.25 (1) Represent state in appeals and on remand. Except as provided in ss. 5.05 (2m) (a), 19.49 (2) (a), and 978.05 (5), appear for the state and prosecute or defend all actions and proceedings, civil or criminal, in the court of appeals and the supreme court, in which the state is interested or a party, and attend to and prosecute or defend all civil cases sent or remanded to any circuit court in which the state is a party. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. Nothing in this subsection deprives or relieves the attorney general or the department of justice of any authority or duty under this chapter.

AB50,2222 Section 2222. 165.25 (1m) of the statutes is amended to read:

AB50,1155,13 165.25 (1m) Represent state in other matters. If requested by the governor or either house of the legislature, appear for and represent the state, any state department, agency, official, employee or agent, whether required to appear as a party or witness in any civil or criminal matter, and prosecute or defend in any court or before any officer, any cause or matter, civil or criminal, in which the state or the people of this state may be interested. The joint committee on legislative organization may intervene as permitted under s. 803.09 (2m) at any time. The public service commission may request under s. 196.497 (7) that the attorney general intervene in federal proceedings. All expenses of the proceedings shall be paid from the appropriation under s. 20.455 (1) (d).

AB50,2223 Section 2223. 165.25 (4) (ar) of the statutes is amended to read:

AB50,1155,21 165.25 (4) (ar) The department of justice shall furnish all legal services required by the department of agriculture, trade and consumer protection relating to the enforcement of ss. 91.68, 93.73, 100.171, 100.173, 100.174, 100.175, 100.177, 100.18, 100.182, 100.195, 100.20, 100.205, 100.207, 100.209, 100.2091, 100.2092, 100.21, 100.28, 100.37, 100.42, 100.50, 100.51, 100.55, and 846.45 and chs. 126, 136, 344, 704, 707, and 779, together with any other services as are necessarily connected to the legal services.

AB50,2224 Section 2224. 165.25 (6) (a) 1. of the statutes is amended to read:

AB50,1156,21 165.25 (6) (a) 1. At the request of the head of any department of state government, the attorney general may appear for and defend any state department, or any state officer, employee, or agent of the department in any civil action or other matter brought before a court or an administrative agency which is brought against the state department, or officer, employee, or agent for or on account of any act growing out of or committed in the lawful course of an officer’s, employee’s, or agent’s duties. Witness fees or other expenses determined by the attorney general to be reasonable and necessary to the defense in the action or proceeding shall be paid as provided for in s. 885.07. The attorney general may compromise and settle the action as the attorney general determines to be in the best interest of the state except that, if the action is for injunctive relief or there is a proposed consent decree, the attorney general may not compromise or settle the action without the approval of an intervenor under s. 803.09 (2m) or, if there is no intervenor, without first submitting a proposed plan to the joint committee on finance. If, within 14 working days after the plan is submitted, the cochairpersons of the committee notify the attorney general that the committee has scheduled a meeting for the purpose of reviewing the proposed plan, the attorney general may compromise or settle the action only with the approval of the committee. The attorney general may not submit a proposed plan to the joint committee on finance under this subdivision in which the plan concedes the unconstitutionality or other invalidity of a statute, facially or as applied, or concedes that a statute violates or is preempted by federal law, without the approval of the joint committee on legislative organization.

AB50,2225 Section 2225. 165.25 (10m) (intro.) of the statutes is amended to read:

AB50,1157,5 165.25 (10m) Report on grants. (intro.) Beginning on January 15, 2015, and annually thereafter, the department of justice shall submit a report to the legislature under s. 13.172 (2), regarding its administration of grant programs under ss. s. 165.95, 2023 stats., s. 165.955, 2023 stats., and ss. 165.96, 165.986, and 165.987. The report shall include, for each grant program, all of the following information:

AB50,2226 Section 2226. 165.25 (11) of the statutes is repealed.

AB50,2227 Section 2227. 165.25 (11m) of the statutes is created to read:

AB50,1157,10 165.25 (11m) False claims. Diligently investigate possible violations of s. 20.9315 and, if the department determines that a person has committed an act that is punishable under s. 20.9315, may bring a civil action against that person.

AB50,2228 Section 2228. 165.63 (3) of the statutes is amended to read:

AB50,1157,15 165.63 (3) Requests from courts. In making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1., a judge or court commissioner shall request information under sub. (2) from the department or from a law enforcement agency or law enforcement officer as provided in sub. (4) (d).

AB50,2229 Section 2229. 165.63 (4) (d) of the statutes is amended to read:

AB50,1157,19 165.63 (4) (d) Aid the court in making a determination required under s. 813.124 (7) (a), 813.1285 (7) (a), or 968.20 (1m) (d) 1. or aid an entity in making a determination required under s. 968.20 (1m) (d) 2.

AB50,2230 Section 2230. 165.64 of the statutes is created to read:

AB50,1157,22 165.64 Self-assigned firearm exclusion. (1) In this section, “department” means the department of justice.

AB50,1158,2 (2) The department shall develop forms for individuals to submit to the department to request, or to renew a request, that they be prohibited from purchasing a firearm. The forms shall request an emergency contact person and shall allow the individual to choose the term of the prohibition as follows:

AB50,1158,3 (a) A one-year, irrevocable term.

AB50,1158,4 (b) A 5-year term, the first year being irrevocable.

AB50,1158,5 (c) A 20-year term, the first year being irrevocable.

AB50,1158,9 (3) If an individual submits a form requesting that they be prohibited from purchasing a firearm, the department shall enter the individual’s identifying information into a database the department maintains and shall notify that individual’s emergency contact person that the individual has submitted a form.

AB50,1158,12 (4) (a) Subject to par. (b), the department shall remove the individual’s identifying information from the database under sub. (3) if any of the following occurs:

AB50,1158,16 1. After the term under sub. (2) expires, the individual submits a form designed by the department requesting that their identifying information be removed. A term that has expired and has not been renewed continues until revoked under this subdivision and the identifying information is removed.

AB50,1158,19 2. Before the term under sub. (2) expires but after the request becomes revocable under sub. (2) (b) or (c), the individual submits a form designed by the department requesting that their identifying information be removed.

AB50,1158,23 (b) The department shall notify the individual’s emergency contact person that the department has received a request submitted under par. (a) and may not remove the individual’s identifying information from the database until at least 48 hours have elapsed since the department received the request.

AB50,1159,5 (5) The department may disclose an individual’s identifying information included in the database under sub. (3) only as part of a firearms restrictions record search under s. 175.35 (2g) (c), as part of a search under s. 175.355 (2), or to the individual who is the subject of the information or the individual’s emergency contact person.

AB50,2231 Section 2231. 165.68 (1) (a) 3. of the statutes is amended to read:

AB50,1159,7 165.68 (1) (a) 3. Sexual abuse, as defined in s. 103.10 (1m) (b) 6 (1) (gd).

AB50,2232 Section 2232. 165.83 (1) (c) 1. of the statutes is amended to read:

AB50,1159,10 165.83 (1) (c) 1. An act that is committed by a person who has attained the age of 17 an adult and that is a felony or a misdemeanor.

AB50,2233 Section 2233. 165.83 (1) (c) 2. of the statutes is amended to read:

AB50,1159,14 165.83 (1) (c) 2. An act that is committed by a person minor who has attained the age of 10 but who has not attained the age of 17 and that would be a felony or misdemeanor if committed by an adult.

AB50,2234 Section 2234. 165.83 (2) (d) of the statutes is amended to read:

AB50,1159,17 165.83 (2) (d) Obtain Except as provided in par. (dd), obtain and file information relating to identifiable stolen or lost property.

AB50,2235 Section 2235. 165.83 (2) (dd) of the statutes is created to read:

AB50,1160,2 165.83 (2) (dd) 1. If a law enforcement agency forwards a file under s. 175.36 (2) (a) 2. to the department, enter the information into the national crime information center systems and put the file in a database that is created for stolen or lost firearms and make the database available to law enforcement agencies for the purpose of locating and identifying stolen or lost firearms and identifying violators of s. 175.36 (1).

AB50,1160,6 2. If a law enforcement agency notifies the department under s. 175.36 (2) (b) that a stolen or lost firearm has been recovered, enter that information into the national crime information center systems and add to the database a notation that the firearm has been recovered and the date on which it was recovered.

AB50,2236 Section 2236. 165.85 (2) (c) of the statutes is amended to read:

AB50,1160,13 165.85 (2) (c) “Law enforcement officer” means any person employed by the state or any political subdivision of the state, for the purpose of detecting and preventing crime and enforcing laws or ordinances and who is authorized to make arrests for violations of the laws or ordinances that the person is employed and sworn to enforce. “Law enforcement officer” includes a marshal of the supreme court under s. 758.195 and a university police officer, as defined in s. 175.42 (1) (b).

AB50,2237 Section 2237. 165.85 (4) (a) 1m. of the statutes is created to read:

AB50,1160,18 165.85 (4) (a) 1m. The board may not create criteria for participation in the preparatory training program under subd. 1. that would prevent a person from participation if the person is in receipt of a valid employment authorization from the federal department of homeland security.

AB50,2238 Section 2238. 165.85 (5x) of the statutes is amended to read:

AB50,1161,3 165.85 (5x) Officer training reimbursement. Notwithstanding sub. (5), in each fiscal year, the department of justice shall determine the amount of additional costs, including but not limited to tuition, lodging, travel, meals, salaries and fringe benefits, to each political subdivision as a result of the enactment of 1993 Wisconsin Act 460. In each fiscal year, the department shall pay each political subdivision the amount determined under this subsection for that political subdivision from the appropriation appropriations under s. 20.455 (2) (am) and (q), subject to the limitations under s. 20.455 (2) (am).

AB50,2239 Section 2239. 165.91 (2) (a) of the statutes is amended to read:

AB50,1161,13 165.91 (2) (a) From the appropriation under s. 20.455 (2) (kw), the department shall provide grants totaling $1,390,000 annually to tribes to fund tribal law enforcement operations. To be eligible for a grant under this subsection, a tribe must submit an application for a grant to the department that includes a proposed plan for expenditure of the grant moneys. The department shall review any application and plan submitted to determine whether that application and plan meet the criteria established under par. (b). The department shall review the use of grant money provided under this subsection to ensure that the money is used according to the approved plan.

AB50,2240 Section 2240. 165.91 (2) (c) of the statutes is created to read:

AB50,1161,19 165.91 (2) (c) In any fiscal year, if there are moneys in the appropriation account under s. 20.455 (2) (kw) in excess of the amount specified in par. (a), the department of justice shall provide a payment to each tribe that operates a tribal law enforcement agency in an amount equal to the total excess moneys divided by the number of eligible tribes under this paragraph.

AB50,2241 Section 2241. 165.935 of the statutes is created to read:

AB50,1161,24 165.935 Crime victim services grants. (1) The department of justice shall award grants to eligible organizations from the appropriations under s. 20.455 (5) (gL) and (km) to provide services for crime victims. The department of justice shall award grants under this section in a manner consistent with 34 USC 20103.

AB50,1162,3 (2) An organization is eligible for a grant under this section if the department of justice determines that the organization meets the criteria under 34 USC 20103 (b).

AB50,1162,5 (3) The grant awards under this section may supplement federal funds under 34 USC 20103 but may not replace the funds.

AB50,2242 Section 2242. 165.95 (title) of the statutes is amended to read:

AB50,1162,8 165.95 (title) Alternatives to prosecution and incarceration; grant program programs.

AB50,2243 Section 2243. 165.95 (1) (ac) of the statutes is created to read:

AB50,1162,12 165.95 (1) (ac) “Evidence-based practice” means a practice that has been developed using research to determine its efficacy for achieving positive measurable outcomes, including reducing recidivism and increasing public safety.