Amendment AA30-AA2-ASA1-AB133

AB133-ASA1-AA2-AA30,4,6 21. Page 156, line 3: after that line insert:

AB133-ASA1-AA2-AA30,4,7 " Section 1159p. 48.685 (1) (av) of the statutes is created to read:

AB133-ASA1-AA2-AA30,4,10 48.685 (1) (av) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.".

AB133-ASA1-AA2-AA30,4,11 22. Page 156, line 17: delete "direct, regular" and substitute "regular, direct".

AB133-ASA1-AA2-AA30,4,12 23. Page 161, line 1: delete lines 1 to 5 and substitute:

AB133-ASA1-AA2-AA30,4,13 " Section 1169p. 48.685 (2) (bb) of the statutes is created to read:

AB133-ASA1-AA2-AA30,5,5 48.685 (2) (bb) If information obtained under par. (am) or (b) 1. indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department, county department, child welfare agency, school board or entity shall make every effort to contact the clerk of courts to determine the disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge of a serious crime, but information obtained under par. (am) or (b) 1. does not indicate such a charge, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that charge. If information obtained under par. (am) or (b) 1. indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department, county department, child welfare agency, school board or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.".

AB133-ASA1-AA2-AA30,5,9 24. Page 162, line 24: after "state," insert "or if the department, county department, child welfare agency, school board or entity determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation,".

AB133-ASA1-AA2-AA30,5,16 25. Page 163, line 4: delete that line and substitute "(am) 1. or (b) 1. a. The department, county department, child welfare agency, school board or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.".

AB133-ASA1-AA2-AA30,5,19 26. Page 166, line 16: delete lines 16 to 18 and substitute "or she has been rehabilitated for purposes of first becoming a caregiver on or after the effective date of this paragraph .... [revisor inserts date]:".

AB133-ASA1-AA2-AA30,5,20 27. Page 167, line 5: after that line insert:

AB133-ASA1-AA2-AA30,5,23 "3m. The title of the person or body, designated by the tribe, to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the tribe provides any further rights to appeal.".

AB133-ASA1-AA2-AA30,5,24 28. Page 167, line 12: delete lines 12 to 15 and substitute:

AB133-ASA1-AA2-AA30,6,10 "(b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department's decision. A final decision under this paragraph is not subject to further review under ch. 227.".

AB133-ASA1-AA2-AA30,6,12 29. Page 179, line 11: delete "1.," and substitute "1. and shall reimburse the department of public instruction on behalf of".

AB133-ASA1-AA2-AA30,6,14 30. Page 179, line 15: after "department" insert "of health and family services".

AB133-ASA1-AA2-AA30,6,16 31. Page 183, line 5: before "and" insert ", who is or is expected to be under the control of the entity, as defined by the department by rule,".

AB133-ASA1-AA2-AA30,6,17 32. Page 183, line 5: delete "direct, regular" and substitute "regular, direct".

AB133-ASA1-AA2-AA30,6,18 33. Page 183, line 13: delete "at the entity".

AB133-ASA1-AA2-AA30,6,19 34. Page 183, line 17: after that line insert:

AB133-ASA1-AA2-AA30,6,20 " Section 1521cm. 50.065 (1) (br) of the statutes is created to read:

AB133-ASA1-AA2-AA30,6,23 50.065 (1) (br) "Direct contact" means face-to-face physical proximity to a client that affords the opportunity to commit abuse or neglect of a client or to misappropriate the property of a client.".

AB133-ASA1-AA2-AA30,6,24 35. Page 184, line 4: delete "direct, regular" and substitute "regular, direct".

AB133-ASA1-AA2-AA30,7,1 36. Page 187, line 10: delete lines 10 to 14 and substitute:

AB133-ASA1-AA2-AA30,7,2 " Section 1521xd. 50.065 (2) (bb) of the statutes is created to read:

AB133-ASA1-AA2-AA30,7,16 50.065 (2) (bb) If information obtained under par. (am) or (b) indicates a charge of a serious crime, but does not completely and clearly indicate the final disposition of the charge, the department or entity shall make every effort to contact the clerk of courts to determine the disposition of the charge. If a background information form under sub. (6) (a) or (am) indicates a charge of a serious crime, but information obtained under par. (am) or (b) does not indicate such a charge, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that charge. If information obtained under par. (am) or (b) indicates a conviction of a violation of s. 940.19 (1), 940.195, 940.20, 941.30, 942.08, 947.01 or 947.013 obtained not more than 5 years before the date on which that information was obtained, the department or entity shall make every reasonable effort to contact the clerk of courts to obtain a copy of the criminal complaint and judgment of conviction relating to that violation.".

AB133-ASA1-AA2-AA30,7,19 37. Page 188, line 20: after "state," insert "or if the department or entity determines that the person's employment, licensing or state court records provide a reasonable basis for further investigation,".

AB133-ASA1-AA2-AA30,8,2 38. Page 188, line 24: delete that line and substitute "information specified in par. (am) 1. or (b) 1. a. The department or entity may require the person to be fingerprinted on 2 fingerprint cards, each bearing a complete set of the person's fingerprints. The department of justice may provide for the submission of the fingerprint cards to the federal bureau of investigation for the purposes of verifying the identity of the person fingerprinted and obtaining records of his or her criminal arrests and convictions.".

AB133-ASA1-AA2-AA30,8,5 39. Page 191, line 13: delete lines 13 to 16 and substitute "or she has been rehabilitated for purposes of first becoming a caregiver on or after the effective date of this subsection .... [revisor inserts date]:".

AB133-ASA1-AA2-AA30,8,6 40. Page 192, line 2: after that line insert:

AB133-ASA1-AA2-AA30,8,9 "3m. The title of the person or body designated by the tribe to whom a person may appeal an adverse decision made by the person specified under subd. 3. and whether the tribe provides any further rights of appeal.".

AB133-ASA1-AA2-AA30,8,10 41. Page 192, line 9: delete lines 9 to 12 and substitute:

AB133-ASA1-AA2-AA30,8,20 "(b) If, within 90 days after receiving the plan, the department does not disapprove the plan, the plan shall be considered approved. If, within 90 days after receiving the plan, the department disapproves the plan, the department shall provide notice of that disapproval to the tribe in writing, together with the reasons for the disapproval. The department may not disapprove a plan unless the department finds that the plan is not rationally related to the protection of clients. If the department disapproves the plan, the tribe may, within 30 days after receiving notice of the disapproval, request that the secretary review the department's decision. A final decision under this paragraph is not subject to further review under ch. 227.".

AB133-ASA1-AA2-AA30,8,21 42. Page 241, line 9: delete lines 9 to 20 and substitute:

AB133-ASA1-AA2-AA30,8,22 "" Section 1682nb. 71.04 (8) (b) of the statutes is amended to read:

AB133-ASA1-AA2-AA30,9,4 71.04 (8) (b) 1. "Public utility", as used in this section, means any business entity which owns or operates any plant, equipment, property, franchise, or license for the transmission of communications or the production, transmission, sale, delivery, or furnishing of electricity, water or steam, the rates of charges for goods or services of which have been established or approved by a federal, state or local government or governmental agency.

AB133-ASA1-AA2-AA30,9,9 2. "Public utility" also means, in this section, any business entity providing service to the public and engaged in the transportation of goods and persons for hire, as defined in s. 194.01 (4), regardless of whether or not the entity's rates or charges for services have been established or approved by a federal, state or local government or governmental agency.".".

AB133-ASA1-AA2-AA30,9,10 43. Page 241, line 21: delete lines 21 and 22 and substitute:

AB133-ASA1-AA2-AA30,9,12 "590. Page 832, line 21: after "(9d)" insert "and the net income of public utilities, as defined in par. (b) 1., shall be apportioned under sub. (4)".".

AB133-ASA1-AA2-AA30,9,13 44. Page 250, line 6: after that line insert:

AB133-ASA1-AA2-AA30,9,15 "606d. Page 854, line 11: after "gain" insert "and includes issuing credit, debit or travel and entertainment cards to customers in this state".".

AB133-ASA1-AA2-AA30,9,16 45. Page 255, line 15: after that line insert:

AB133-ASA1-AA2-AA30,9,17 "616m. Page 910, line 18: after that line insert:

AB133-ASA1-AA2-AA30,9,18 " Section 1740n. 71.26 (3) (L) of the statutes is amended to read:

AB133-ASA1-AA2-AA30,9,24 71.26 (3) (L) Section 265 is excluded and replaced by the rule that any amount otherwise deductible under this chapter that is directly or indirectly related to income wholly exempt from taxes imposed by this chapter or to losses from the sale or other disposition of assets the gain from which would be exempt under this paragraph if the assets were sold or otherwise disposed of at a gain is not deductible. In this paragraph, "wholly exempt income", for corporations subject to franchise or income taxes, includes amounts received from affiliated or subsidiary corporations for interest, dividends or capital gains that, because of the degree of common ownership, control or management between the payor and payee, are not subject to taxes under this chapter. In this paragraph, "wholly exempt income", for corporations subject to income taxation under this chapter, also includes interest on obligations of the United States. In this paragraph, "wholly exempt income" does not include income excludable, not recognized, exempt or deductible under specific provisions of this chapter. If any expense or amount otherwise deductible is indirectly related both to wholly exempt income or loss and to other income or loss, a reasonable proportion of the expense or amount shall be allocated to each type of income or loss, in light of all the facts and circumstances.".".

AB133-ASA1-AA2-AA30,10,13 46. Page 354, line 24: delete "privacy institutional" and substitute "independent".

AB133-ASA1-AA2-AA30,10,15 47. Page 355, line 1: delete "privacy institutional" and substitute "independent".

AB133-ASA1-AA2-AA30,10,18 48. Page 355, line 3: after "service" insert ", except if the department specifies by rule that the number of data elements included in the public use data file is too small to enable protection of patient confidentiality".

AB133-ASA1-AA2-AA30,10,20 49. Page 355, line 5: delete "privacy institutional" and substitute "independent".

AB133-ASA1-AA2-AA30,10,21 50. Page 355, line 6: delete lines 6 to 10.

AB133-ASA1-AA2-AA30,10,23 51. Page 355, line 18: on lines 18, 20 and 22, delete "privacy institutional" and substitute "independent".

AB133-ASA1-AA2-AA30,10,24 52. Page 356, line 9: delete "privacy".

AB133-ASA1-AA2-AA30,11,1 53. Page 356, line 10: delete "institutional" and substitute "independent".

AB133-ASA1-AA2-AA30,11,3 54. Page 356, line 13: delete ", b., c., i. and j., as renumbered, are" and substitute ", as renumbered, is".

AB133-ASA1-AA2-AA30,11,4 55. Page 356, line 17: delete lines 17 to 20.

AB133-ASA1-AA2-AA30,11,5 56. Page 356, line 25: after "g." insert ", L. and m.".

AB133-ASA1-AA2-AA30,11,6 57. Page 358, line 14: delete "this subsection" and substitute "par. (a)".

AB133-ASA1-AA2-AA30,11,7 58. Page 359, line 19: delete "name of the".

AB133-ASA1-AA2-AA30,11,9 59. Page 359, line 20: delete that line and substitute "payer category code under sub. (3m).".

AB133-ASA1-AA2-AA30,11,10 60. Page 360, line 18: delete that line and substitute:

AB133-ASA1-AA2-AA30,11,11 "153.67 Independent review board. The independent".

AB133-ASA1-AA2-AA30,11,15 61. Page 360, line 21: delete that line and substitute "independent review board approves such a request or unless independent review board approval is not required under rules of the department promulgated under s. 153.45 (1) (c) (intro.), the data elements".

AB133-ASA1-AA2-AA30,11,17 62. Page 361, line 1: delete "privacy institutional" and substitute "independent".

AB133-ASA1-AA2-AA30,11,19 63. Page 361, line 2: delete "privacy institutional" and substitute "independent".

AB133-ASA1-AA2-AA30,11,20 64. Page 361, line 4: after that line insert:

AB133-ASA1-AA2-AA30,11,21 " Section 2283i. 153.85 of the statutes is amended to read:

AB133-ASA1-AA2-AA30,12,2 153.85 Civil liability. Any Except as provided in s. 153.86, any person violating s. 153.50 or rules promulgated under s. 153.75 (1) (a) is liable to the patient for actual damages and costs, plus exemplary damages of up to $1,000 for a negligent violation and up to $5,000 for an intentional violation.

AB133-ASA1-AA2-AA30, s. 2283j Section 2283j. 153.86 of the statutes is created to read:

AB133-ASA1-AA2-AA30,12,9 153.86 Immunity from liability. A health care provider that submits information to the department under this chapter is immune from civil liability for any act or omission of an employe, official or agent of the health care provider that results in the release of a prohibited data element while submitting data to the department of health and family services. The immunity provided under this section does not apply to intentional, wilful or reckless acts or omissions.".

AB133-ASA1-AA2-AA30,12,11 65. Page 361, line 12: on lines 12 and 14, delete "school" and substitute "military academy".

AB133-ASA1-AA2-AA30,12,13 66. Page 416, line 1: delete "4. of the statutes is repealed and recreated" and substitute "5. of the statutes is created".

AB133-ASA1-AA2-AA30,12,14 67. Page 416, line 3: delete "4." and substitute "5.".

AB133-ASA1-AA2-AA30,12,15 68. Page 416, line 4: delete "(3m)" and "(3r)".

AB133-ASA1-AA2-AA30,12,17 69. Page 416, line 16: delete the material beginning with that line and ending with page 417, line 9, and substitute:

AB133-ASA1-AA2-AA30,12,18 " Section 2400qd. 251.02 (3r) of the statutes is created to read:

AB133-ASA1-AA2-AA30,12,23 251.02 (3r) In a county described in sub. (3m), in addition to the local health department required to be established under sub. (3m), the governing body of a city, village or town may, in concert with the governing body of another city, village or town, establish a multiple municipal local health department and elect a local health officer consistent with this chapter.

AB133-ASA1-AA2-AA30, s. 2400qe Section 2400qe. 251.03 (4r) of the statutes is created to read:

AB133-ASA1-AA2-AA30,13,9 251.03 (4r) Subsections (1) to (4m) do not apply to a city, village or town that establishes a multiple municipal local health department under s. 251.02 (3r). In establishing a multiple municipal local health department as described under s. 251.02 (3r), the relevant governing bodies shall agree on how many members of the local board of health are appointed by each governing body and how many of each governing body's appointees shall be members who are not elected officials or employes of the governing body. The members shall be appointed by the relevant governing bodies. A local board of health under this subsection shall elect a chairperson and clerk.".

AB133-ASA1-AA2-AA30,13,13 70. Page 416, line 13: delete lines 13 and 14 and substitute "or by a town or village health department established under sub. (3m) or by a multiple municipal local health department established under sub. (3r). No city health department may be established after that date January 1,".

AB133-ASA1-AA2-AA30,13,14 71. Page 416, line 15: delete "1994" and substitute "1994".

AB133-ASA1-AA2-AA30,13,15 72. Page 417, line 12: on lines 12 and 14, after "(3m)" insert "and (3r)".

AB133-ASA1-AA2-AA30,13,16 73. Page 417, line 21: after "(3m)" insert "or (3r)".

AB133-ASA1-AA2-AA30,13,17 74. Page 418, line 2: after "(3m)" insert "or (3r)".

AB133-ASA1-AA2-AA30,13,18 75. Page 418, line 7: delete lines 7 and 8 and substitute:

AB133-ASA1-AA2-AA30,13,21 "251.06 (1) (a) 2. A local health officer of a village or town health department established under s. 251.02 (3m) or of a multiple municipal local health department established under s. 251.02 (3r) shall be either a physician".

AB133-ASA1-AA2-AA30,13,22 76. Page 418, line 15: delete lines 15 to 17 and substitute:

AB133-ASA1-AA2-AA30,14,4 "251.06 (2) (c) (intro.) A local health officer of a local health department of a village or town established under s. 251.02 (3m) or a local health officer of a multiple municipal local health department established under s. 251.02 (3r) shall be one of the following:".

AB133-ASA1-AA2-AA30,14,5 77. Page 418, line 19: delete lines 19 and 20 and substitute:

AB133-ASA1-AA2-AA30,14,7 "251.06 (2) (c) 1. An employe of the local health department of the village or town or an employe of the multiple municipal local health department.".