Amendment AA1-ASA1-SB55

SB55-ASA1-AA1,1278,1 3. An abortion, as defined in s. 253.10 (2) (a).

SB55-ASA1-AA1,1278,2 4. An experiment or medical procedure involving any of the following:

SB55-ASA1-AA1,1278,3 a. The destruction of a human embryo.

SB55-ASA1-AA1,1278,6 b. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

SB55-ASA1-AA1,1278,9 5. A procedure, including a transplant procedure, that uses fetal tissue or organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or miscarriage.

SB55-ASA1-AA1,1278,14 6. The withholding or withdrawal of nutrition or hydration, if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from the underlying terminal illness or injury, unless the administration of nutrition or hydration is medically contraindicated.

SB55-ASA1-AA1,1278,16 7. An act that intentionally causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia, or mercy killing.

SB55-ASA1-AA1, s. 3605k Section 3605k. 441.06 (7) of the statutes is created to read:

SB55-ASA1-AA1,1278,23 441.06 (7) A person licensed as a registered nurse under this section who, in writing, refuses, or states an intention to refuse, on moral or religious grounds to engage in a practice of professional nursing that is related to an activity specified in sub. (6) (b) 1. to 7. shall not be required to engage in the practice with respect to the activity and may not be disciplined by the board or the department for refusing or stating an intention to refuse to engage in the practice with respect to the activity.

SB55-ASA1-AA1, s. 3605m Section 3605m. 441.06 (8) of the statutes is created to read:

SB55-ASA1-AA1,1279,7 441.06 (8) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of sub. (7) may bring a civil action for injunctive relief, including reinstatement, damages, including damages for emotional or psychological distress, or both injunctive relief and damages. In an action under this subsection, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an award of damages, or both.

SB55-ASA1-AA1, s. 3608c Section 3608c. 448.03 (5) (title) of the statutes is amended to read:

SB55-ASA1-AA1,1279,10 448.03 (5) (title) Civil liability and disciplinary exemption; certain medical procedures and reports.

SB55-ASA1-AA1, s. 3608e Section 3608e. 448.03 (5) (a) of the statutes is renumbered 448.03 (5) (ar) (intro.) and amended to read:

SB55-ASA1-AA1,1279,19 448.03 (5) (ar) (intro.) No A person licensed or certified under this subchapter shall be liable for any civil damages resulting from such is immune from liability for any damage caused by the person's refusal to perform sterilization procedures or to remove or aid in the removal of a human embryo or fetus from a person if such, assist in, recommend, counsel in favor of, make referrals for, prescribe, dispense or administer drugs for, or otherwise promote, encourage, or aid any of the following if the refusal is based on religious or moral precepts. :

SB55-ASA1-AA1, s. 3608g Section 3608g. 448.03 (5) (ag) of the statutes is created to read:

SB55-ASA1-AA1,1279,23 448.03 (5) (ag) In this subsection, "human embryo" includes any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

SB55-ASA1-AA1, s. 3608i Section 3608i. 448.03 (5) (am) of the statutes is created to read:

SB55-ASA1-AA1,1280,15 448.03 (5) (am) A person licensed or certified under this subchapter who, in writing, refuses, or states an intention to refuse, on moral or religious grounds to engage in a practice within the scope of his or her license or certification that is related to an activity specified in par. (ar) 1. to 7. shall not be required to engage in the practice with respect to the activity and, notwithstanding s. 154.07 (1) (a) 3. or 155.50 (1) (b), may not be disciplined by the board or the department for refusing or stating an intention to refuse to engage in the practice with respect to the activity, including refusing or stating an intention to refuse to transfer a patient to another physician who will comply with a declaration, as defined in s. 154.02 (1), instrument for power of attorney for health care, as defined in s. 155.01 (10), or health care decision, as defined in s. 155.01 (5), of a health care agent, as defined in s. 155.01 (4). This paragraph does not apply to the refusal to make a good faith attempt to transfer a declarant with incapacity, as defined in s. 155.01 (8) and with a terminal condition, as defined in s. 154.01 (8), to another physician who will comply with the declaration of the declarant.

SB55-ASA1-AA1, s. 3608k Section 3608k. 448.03 (5) (ao) of the statutes is created to read:

SB55-ASA1-AA1,1280,23 448.03 (5) (ao) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of par. (am) may bring a civil action for injunctive relief, including reinstatement, damages, including damages for emotional or psychological distress, or both injunctive relief and damages. In an action under this paragraph, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an award of damages, or both.

SB55-ASA1-AA1, s. 3608L Section 3608L. 448.03 (5) (ar) 1. to 7. of the statutes are created to read:

SB55-ASA1-AA1,1280,25 448.03 (5) (ar) 1. A sterilization procedure.

SB55-ASA1-AA1,1281,2 2. A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

SB55-ASA1-AA1,1281,3 3. An abortion, as defined in s. 253.10 (2) (a).

SB55-ASA1-AA1,1281,4 4. An experiment or medical procedure involving any of the following:

SB55-ASA1-AA1,1281,5 a. The destruction of a human embryo.

SB55-ASA1-AA1,1281,8 b. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

SB55-ASA1-AA1,1281,11 5. A procedure, including a transplant procedure, that uses fetal tissue or organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or miscarriage.

SB55-ASA1-AA1,1281,16 6. The withholding or withdrawal of nutrition or hydration, if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from the underlying terminal illness or injury, unless the administration of nutrition or hydration is medically contraindicated.

SB55-ASA1-AA1,1281,18 7. An act that intentionally causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia, or mercy killing.

SB55-ASA1-AA1, s. 3608m Section 3608m. 450.135 of the statutes is created to read:

SB55-ASA1-AA1,1281,23 450.135 Pharmacist's refusal to be involved in certain activities. (1) In this section, "human embryo" includes any organism that is derived by fertilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells.

SB55-ASA1-AA1,1282,4 (2) A person licensed as a pharmacist under this chapter is immune from liability for any damage caused by his or her refusal to be involved in the performance of, assistance in, recommendation of, counseling in favor of, making referrals for, prescribing, dispensing or administering drugs for, or otherwise promoting, encouraging, or aiding any of the following, if the refusal is based on religious or moral precepts:

SB55-ASA1-AA1,1282,5 (a) A sterilization procedure.

SB55-ASA1-AA1,1282,7 (b) A procedure involving a drug or device that may prevent the implantation of a fertilized human ovum.

SB55-ASA1-AA1,1282,8 (c) An abortion, as defined in s. 253.10 (2) (a).

SB55-ASA1-AA1,1282,9 (d) An experiment or medical procedure involving any of the following:

SB55-ASA1-AA1,1282,10 1. The destruction of a human embryo.

SB55-ASA1-AA1,1282,13 2. A human embryo or unborn child, at any stage of development, in which the experiment or procedure is not related to the beneficial treatment of the human embryo or unborn child.

SB55-ASA1-AA1,1282,16 (e) A procedure, including a transplant procedure, that uses fetal tissue or organs other than fetal tissue or organs from a stillbirth, spontaneous abortion, or miscarriage.

SB55-ASA1-AA1,1282,21 (f) The withholding or withdrawal of nutrition or hydration, if the withholding or withdrawal of nutrition or hydration would result in the patient's death from malnutrition or dehydration, or complications of malnutrition or dehydration, rather than from the underlying terminal illness or injury, unless the administration of nutrition or hydration is medically contraindicated.

SB55-ASA1-AA1,1282,23 (g) An act that intentionally causes or assists in causing the death of an individual, such as by assisted suicide, euthanasia, or mercy killing.

SB55-ASA1-AA1,1283,4 (3) (a) A person licensed as a pharmacist under this chapter who, in writing, refuses, or states an intention to refuse, on moral or religious grounds to engage in a practice of pharmacy that is related to an activity specified in sub. (2) (a) to (g) shall not be required to engage in the practice with respect to the activity and may not be disciplined by the board or department for refusing or stating an intention to refuse to engage in the practice with respect to the activity.

SB55-ASA1-AA1,1283,11 (b) A person who is adversely affected by, or who reasonably may be expected to be adversely affected by, conduct that is in violation of par. (a) may bring a civil action for injunctive relief, including reinstatement, damages, including damages for emotional or psychological distress, or both injunctive relief and damages. In an action under this paragraph, the court shall award reasonable attorney fees, notwithstanding s. 814.04 (1), to a person who obtains injunctive relief, an award of damages, or both.".

SB55-ASA1-AA1,1283,12 1711. Page 1156, line 7: after that line insert:

SB55-ASA1-AA1,1283,13 " Section 3623n. 560.11 (1) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1283,19 560.11 (1) (a) Advise the department of natural resources environmental management concerning the effectiveness of the small business stationary source technical and environmental compliance assistance program under s. 285.79, difficulties encountered by small business stationary sources, as defined in s. 285.79 (1), in complying with s. 299.15 and ch. 285 and the degree and severity of enforcement of s. 299.15 and ch. 285 against small business stationary sources.

SB55-ASA1-AA1, s. 3623p Section 3623p. 560.11 (1) (b) of the statutes is amended to read:

SB55-ASA1-AA1,1284,3 560.11 (1) (b) Periodically report to the department of natural resources environmental management and to the administrator of the federal environmental protection agency concerning the compliance of the state small business stationary source technical and environmental compliance assistance program with the federal paperwork reduction act Paperwork Reduction Act, 44 USC 3501 to 3520, the federal regulatory flexibility act Regulatory Flexibility Act, 5 USC 601 to 612, and the federal equal access to justice act Equal Access to Justice, 5 USC 504.

SB55-ASA1-AA1, s. 3623r Section 3623r. 560.11 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1284,10 560.11 (2) The employees of the department of commerce who staff the small business ombudsman clearinghouse under s. 560.03 (9) and the employees of the department of natural resources environmental management who staff the small business stationary source technical and environmental compliance assistance program under s. 285.79 shall provide the small business environmental council with the assistance necessary to comply with sub. (1).".

SB55-ASA1-AA1,1284,11 1712. Page 1156, line 7: after that line insert:

SB55-ASA1-AA1,1284,12 " Section 3623m. 560.095 of the statutes is created to read:

SB55-ASA1-AA1,1284,19 560.095 Funding justification. Every private and nonprofit entity that receives base-level funding from the department shall be required annually to submit a report under s. 13.172 (3) to, and to appear before, the appropriate standing committee of the legislature to justify continued receipt of the funding. The department shall advise the appropriate standing committees of the entities to which the requirement under this section applies and shall advise those entities of the requirement.".

SB55-ASA1-AA1,1284,20 1713. Page 1157, line 9: after that line insert:

SB55-ASA1-AA1,1284,22 " Section 3630b. 560.13 (2) (a) 1m. of the statutes, as created by 2001 Wisconsin Act .... (this act), is amended to read:

SB55-ASA1-AA1,1285,4 560.13 (2) (a) 1m. The recipient does not use the grant proceeds to pay lien claims of the department of natural resources environmental management or the federal environmental protection agency based on investigation or remediation activities of the department of natural resources environmental management or the federal environmental protection agency or to pay delinquent real estate taxes or interest or penalties that relate to those taxes.".

SB55-ASA1-AA1,1285,5 1714. Page 1157, line 14: after that line insert:

SB55-ASA1-AA1,1285,6 " Section 3632c. 560.13 (5) of the statutes is amended to read:

SB55-ASA1-AA1,1285,10 560.13 (5) Before the department awards a grant under this section, the department shall consider the recommendations of the department of administration and the department of natural resources environmental management.".

SB55-ASA1-AA1,1285,11 1715. Page 1162, line 7: after that line insert:

SB55-ASA1-AA1,1285,12 " Section 3648m. 560.145 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1285,15 560.145 (1) Grants. (intro.) Subject to sub. (3), the department may make a grant to a person from the appropriation appropriations under s. 20.143 (1) (c) and (kd) for the capitalization of a revolving loan fund if all of the following apply:

SB55-ASA1-AA1, s. 3648p Section 3648p. 560.147 (1) (intro.) of the statutes is amended to read:

SB55-ASA1-AA1,1285,19 560.147 (1) Loans. (intro.) Subject to sub. (4), the department may make a loan to a person from the appropriations under s. 20.143 (1) (c) and, (ie), and (kd) for a project described in sub. (2) if all of the following apply:".

SB55-ASA1-AA1,1285,20 1716. Page 1162, line 8: delete lines 8 to 10.

SB55-ASA1-AA1,1285,21 1717. Page 1162, line 10: after that line insert:

SB55-ASA1-AA1,1285,22 " Section 3649m. 560.16 (6) (a) 3. of the statutes is amended to read:

SB55-ASA1-AA1,1286,3 560.16 (6) (a) 3. A verified statement of the financial condition and business operation of the existing business for the previous 3 years, certified by an independent certified public accountant licensed or certified under ch. 442.".

SB55-ASA1-AA1,1286,4 1718. Page 1162, line 10: after that line insert:

SB55-ASA1-AA1,1286,5 " Section 3649c. 560.16 (2) (a) of the statutes is amended to read:

SB55-ASA1-AA1,1286,9 560.16 (2) (a) From the appropriations under s. 20.143 (1) (c) and, (ie), and (kd), the department may make grants to existing business groups for a feasibility study to investigate the reorganization or new incorporation of an existing business as an employee-owned business and for professional services to implement the study.".

SB55-ASA1-AA1,1286,10 1719. Page 1162, line 11: delete lines 11 to 18 and substitute:

SB55-ASA1-AA1,1286,11 " Section 3650. 560.165 (title) of the statutes is amended to read:

SB55-ASA1-AA1,1286,13 560.165 (title) Division of international and export development International services; fees and assessments.

SB55-ASA1-AA1, s. 3651 Section 3651. 560.165 of the statutes is renumbered 560.165 (1) and amended to read:

SB55-ASA1-AA1,1286,19 560.165 (1) The division of international and export development may charge fees for services it provides to cover the costs incurred by the division in providing the services. The division shall deposit all fees credit all moneys collected under this section in subsection to the appropriation account under s. 20.143 (1) (g).

SB55-ASA1-AA1, s. 3652 Section 3652. 560.165 (2) of the statutes is created to read:

SB55-ASA1-AA1,1287,2 560.165 (2) The department may assess a state agency on a premium basis for the cost of services that are provided by the department's international liaison and that are requested by the state agency. Any premium charged by the department under this section must be agreed to by the state agency paying the premium. The department shall credit all moneys received from state agencies under this section to the appropriation account under s. 20.143 (1) (k).".

SB55-ASA1-AA1,1287,3 1720. Page 1164, line 22: after that line insert:

SB55-ASA1-AA1,1287,4 " Section 3664m. 560.175 (2) of the statutes is amended to read:

SB55-ASA1-AA1,1287,7 560.175 (2) Subject to subs. (3) and (6), the department may make a grant from the appropriation appropriations under s. 20.143 (1) (c) and (kd) to a person to fund an early planning project.".

SB55-ASA1-AA1,1287,8 1721. Page 1171, line 11: after that line insert:

SB55-ASA1-AA1,1287,9 " Section 3691e. 560.19 (3) of the statutes is amended to read:

SB55-ASA1-AA1,1287,14 560.19 (3) In coordination with the solid and hazardous waste education center under s. 36.25 (30) and the department of natural resources environmental management, the department shall conduct an education, environmental management and technical assistance program to promote pollution prevention among businesses in the state.".

SB55-ASA1-AA1,1287,15 1722. Page 1171, line 13: delete lines 13 to 16 and substitute:

SB55-ASA1-AA1,1287,20 "560.25 (2) Grants. (intro.) Subject to subs. sub. (4) and (5), the department may make a grant from the appropriation under s. 20.143 (1) (ko) and a grant of up to $500,000 in each fiscal year from the appropriation under s. 20.143 (1) (ie) to a technology-based nonprofit organization to provide support for a manufacturing extension center if all of the following apply:

SB55-ASA1-AA1, s. 3692c Section 3692c. 560.25 (2) (intro.) of the statutes, as affected by 2001 Wisconsin Act .... (this act), is amended to read: