Amendment AA1-ASA1-SB40

SB40-ASA1-AA1,370,11 146.82 (2) (a) 22. By a person specified in subd. 21. to a correctional officer of the department of corrections who has custody of or is responsible for the supervision of a prisoner, to a person designated with custodial authority over a prisoner by a jailer, or to a law enforcement officer or other person who is responsible for transferring a prisoner to or from a prison or jail, if the patient health care record indicates that the prisoner has a communicable disease and disclosure of that information is necessary for the health and safety of the prisoner or of other prisoners, of the person to whom the information is disclosed, or of any other employee of the prison or jail.".

SB40-ASA1-AA1,370,12 1773. Page 1259, line 20: delete that line.

SB40-ASA1-AA1,370,13 1774. Page 1260, line 2: after that line insert:

SB40-ASA1-AA1,370,14 " Section 2875h. 146.997 (5m) of the statutes is created to read:

SB40-ASA1-AA1,370,22 146.997 (5m) Immunity from liability. (a) Except as provided in par. (c), any health care provider, health care facility, or employee of a health care provider or health care facility that in good faith reports or provides any information, the disclosure of which is not expressly prohibited by state law or rule or federal law or regulation or that in good faith initiates, participates in, or testifies in any action or proceeding, is immune from all civil and criminal liability that may result from any act or omission in reporting or providing that information, or in initiating, participating in, or testifying in that action or proceeding, as follows:

SB40-ASA1-AA1,371,3 1. Reports to a person specified in sub. (2) (a) (intro.) any information relating to an allegation that a health care provider, health care facility, or employee of a health care provider or health care facility has committed a violation specified in sub. (2) (a) 1. or 2., has engaged in unprofessional conduct, or has acted negligently in treating a patient.

SB40-ASA1-AA1,371,8 2. Initiates, participates in, or testifies in any action or proceeding in which it is alleged that a health care provider, health care facility, or employee of a health care provider or health care facility has committed a violation specified in sub. (2) (a) 1. or 2., has engaged in unprofessional conduct, or has acted negligently in treating a patient.

SB40-ASA1-AA1,371,13 3. Provides to any legislator or legislative committee any information relating to an allegation that a health care provider, health care facility, or employee of a health care provider or health care facility has committed a violation specified in sub. (2) (a) 1. or 2., has engaged in unprofessional conduct, or has acted negligently in treating a patient.

SB40-ASA1-AA1,371,18 4. Provides to any prospective employer of an employee or former employee of a health care provider or health care facility any information relating to an allegation that the employee or former employee has committed a violation specified in sub. (2) (a) 1. or 2., has engaged in unprofessional conduct, or has acted negligently in treating a patient.

SB40-ASA1-AA1,372,3 (b) For purposes of par. (a), a health care provider, health care facility, or employee of a health care provider or health care facility is not acting in good faith if the health care provider, health care facility, or employee reports any information under par. (a) 1. that the health care provider, health care facility, or employee knows or should know is false or misleading; initiates, participates in, or testifies in any action or proceeding under par. (a) 2. based on information that the health care provider, health care facility, or employee knows or should know is false or misleading; or provides any information under par. (a) 3. or 4. that the health care provider, health care facility, or employee knows or should know is false or misleading.

SB40-ASA1-AA1,372,9 (c) Paragraph (a) does not apply to a health care provider, health care facility, or employee of a health care provider or health care facility that reports or provides any information or that initiates, participates in, or testifies in any action or proceeding concerning a violation specified in sub. (2) (a) 1. or 2., unprofessional conduct, or negligence in treating a patient by the health care provider, health care facility, or employee.

SB40-ASA1-AA1, s. 2875i Section 2875i. 146.997 (5r) of the statutes is created to read:

SB40-ASA1-AA1,372,23 146.997 (5r) Disclosure of patient information. Notwithstanding s. 146.82 (1), a health care provider, health care facility, or employee of a health care provider or health care facility reporting information as described in sub. (5m) (a) 1. to an agency specified in sub. (2) (a) (intro.) that has the authority to investigate and take action against a health care provider, health care facility, or employee of a health care provider or health care facility for the type of conduct reported may disclose to that agency the name of the patient who is the subject of, and a description of the event giving rise to, the alleged violation, unprofessional conduct, or negligent act. A person receiving identifying information about a patient under this subsection shall keep the information confidential and may not disclose that information except for the purpose of investigating and taking action on the alleged violation, unprofessional conduct, or negligent act, with the informed consent of the patient or of a person authorized by the patient, or as authorized by a court of record.".

SB40-ASA1-AA1,372,24 1775. Page 1260, line 14: delete lines 14 to 16.

SB40-ASA1-AA1,373,1 1776. Page 1262, line 3: delete lines 3 and 4.

SB40-ASA1-AA1,373,2 1777. Page 1264, line 4: after that line insert:

SB40-ASA1-AA1,373,3 " Section 2904c. 165.25 (12) (title) of the statutes is created to read:

SB40-ASA1-AA1,373,4 165.25 (12) (title) Juvenile justice and delinquency prevention.

SB40-ASA1-AA1, s. 2904cm Section 2904cm. 165.25 (14) (title) of the statutes is created to read:

SB40-ASA1-AA1,373,6 165.25 (14) (title) Recommend legislation.

SB40-ASA1-AA1, s. 2904d Section 2904d. 165.25 (15) (title) of the statutes is created to read:

SB40-ASA1-AA1,373,8 165.25 (15) (title) Cooperation and assistance.".

SB40-ASA1-AA1,373,9 1778. Page 1264, line 9: after that line insert:

SB40-ASA1-AA1,373,11 " Section 2905r. 165.845 (title) and (1) (intro.) of the statutes are created to read:

SB40-ASA1-AA1,373,13 165.845 (title) Criminal offense data. (1) (intro.) The department of justice shall:".

SB40-ASA1-AA1,373,14 1779. Page 1264, line 9: after that line insert:

SB40-ASA1-AA1,373,15 " Section 2905p. 165.8285 (1m) of the statutes is created to read:

SB40-ASA1-AA1,373,20 165.8285 (1m) For the purpose of determining if a person is violating s. 301.49 (3), the department of justice shall, through the transaction information for management of enforcement system, provide local law enforcement agencies with access to the information provided under s. 301.49 (2) by the department of corrections.".

SB40-ASA1-AA1,373,21 1780. Page 1264, line 10: delete lines 10 to 24.

SB40-ASA1-AA1,373,22 1781. Page 1265, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,373,23 1782. Page 1266, line 1: delete lines 1 to 8.

SB40-ASA1-AA1,374,1 1783. Page 1267, line 6: after that line insert:

SB40-ASA1-AA1,374,2 " Section 2909n. 165.95 (title) of the statutes is created to read:

SB40-ASA1-AA1,374,4 165.95 (title) Deferred prosecution and treatment for alcohol and drug offenders.

SB40-ASA1-AA1, s. 2909nm Section 2909nm. 165.986 (title) of the statutes is created to read:

SB40-ASA1-AA1,374,6 165.986 (title) Law enforcement officer supplement grants.

SB40-ASA1-AA1, s. 2909p Section 2909p. 165.987 (title) of the statutes is created to read:

SB40-ASA1-AA1,374,8 165.987 (title) Grants for recording custodial interrogations.".

SB40-ASA1-AA1,374,9 1784. Page 1267, line 7: delete lines 7 to 25.

SB40-ASA1-AA1,374,10 1785. Page 1267, line 25: after that line insert:

SB40-ASA1-AA1,374,11 " Section 2910g. 166.03 (2) (a) 8. of the statutes is created to read:

SB40-ASA1-AA1,374,12 166.03 (2) (a) 8. Administer expenditure of federal homeland security funds.".

SB40-ASA1-AA1,374,13 1786. Page 1268, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,374,14 1787. Page 1269, line 1: delete lines 1 to 5.

SB40-ASA1-AA1,374,16 1788. Page 1269, line 20: delete the material beginning with that line and ending with page 1271, line 4.

SB40-ASA1-AA1,374,17 1789. Page 1271, line 5: delete lines 5 to 8.

SB40-ASA1-AA1,374,18 1790. Page 1271, line 8: after that line insert:

SB40-ASA1-AA1,374,20 " Section 2913rc. 169.06 (4) (title) of the statutes is repealed and recreated to read:

SB40-ASA1-AA1,374,21 169.06 (4) (title) Exemptions.

SB40-ASA1-AA1, s. 2913rg Section 2913rg. 169.06 (4) of the statutes is renumbered 169.06 (4) (a) (intro.) and amended to read:

SB40-ASA1-AA1,375,2 169.06 (4) (a) (intro.) Subsections (1) to (3m) do not apply to wild any of the following:

SB40-ASA1-AA1,375,4 1. Wild animals that are released into the wild after being accidentally trapped or confined.

SB40-ASA1-AA1, s. 2913rm Section 2913rm. 169.06 (4) (a) 2. of the statutes is created to read:

SB40-ASA1-AA1,375,10 169.06 (4) (a) 2. Persons who take or possess live native wild reptiles or amphibians while engaged in an activity at an annual community event sponsored by a municipality or sporting club if the event is conducted for charitable purposes and the department determines that the activity does not pose a significant risk to the health or viability of the relevant species where the event is held.

SB40-ASA1-AA1, s. 2913rr Section 2913rr. 169.12 (7) of the statutes is created to read:

SB40-ASA1-AA1,375,17 169.12 (7) Exemption for certain community events. Subsection (1) does not apply to persons who take or possess live native wild reptiles or amphibians while engaged in an activity at an annual community event sponsored by a municipality or sporting club if the event is conducted for charitable purposes and the department determines that the activity does not pose a significant risk to the health or viability of the relevant species where the event is held.".

SB40-ASA1-AA1,375,18 1791. Page 1271, line 9: delete lines 9 to 21.

SB40-ASA1-AA1,375,19 1792. Page 1271, line 22: delete lines 22 to 24.

SB40-ASA1-AA1,375,20 1793. Page 1272, line 1: delete lines 1 to 25.

SB40-ASA1-AA1,375,21 1794. Page 1273, line 1: delete lines 1 to 24.

SB40-ASA1-AA1,375,22 1795. Page 1274, line 6: delete lines 6 to 9.

SB40-ASA1-AA1,375,23 1796. Page 1274, line 9: after that line insert:

SB40-ASA1-AA1,375,24 " Section 2924c. 185.981 (4t) of the statutes is amended to read:

SB40-ASA1-AA1,376,4 185.981 (4t) A sickness care plan operated by a cooperative association is subject to ss. 252.14, 631.17, 631.89, 631.95, 632.72 (2), 632.745 to 632.749, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), 632.895 (10) to (14) (15), and 632.897 (10) and chs. 149 and 155.

SB40-ASA1-AA1, s. 2924f Section 2924f. 185.983 (1) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,376,12 185.983 (1) (intro.) Every such voluntary nonprofit sickness care plan shall be exempt from chs. 600 to 646, with the exception of ss. 601.04, 601.13, 601.31, 601.41, 601.42, 601.43, 601.44, 601.45, 611.67, 619.04, 628.34 (10), 631.17, 631.89, 631.93, 631.95, 632.72 (2), 632.745 to 632.749, 632.775, 632.79, 632.795, 632.85, 632.853, 632.855, 632.87 (2m), (3), (4), and (5), 632.895 (5) and (9) to (14) (15), 632.896 , and 632.897 (10) and chs. 609, 630, 635, 645, and 646, but the sponsoring association shall:".

SB40-ASA1-AA1,376,13 1797. Page 1276, line 24: delete "sub. (5)" and substitute "sub. (5)".

SB40-ASA1-AA1,376,14 1798. Page 1277, line 7: delete "fund." and substitute " fund subs. (4) and (5).".

SB40-ASA1-AA1,376,15 1799. Page 1277, line 7: after that line insert:

SB40-ASA1-AA1,376,16 " Section 2928mm. 196.202 (4) of the statutes is created to read:

SB40-ASA1-AA1,376,20 196.202 (4) Rules. The commission may promulgate rules for designating a commercial mobile radio service provider, upon petitioning the commission, as an eligible telecommunications carrier for purposes of participation under the federal universal service fund.".

SB40-ASA1-AA1,376,21 1800. Page 1277, line 7: after that line insert:

SB40-ASA1-AA1,376,22 " Section 2928mm. 196.218 (3) (a) 3. (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,377,2 196.218 (3) (a) 3. (intro.) The commission shall designate the method by which the contributions under this paragraph shall be calculated and collected. The Except as provided in par. (am), the method shall ensure that the contributions are sufficient to generate the following amounts:".

SB40-ASA1-AA1,377,3 1801. Page 1277, line 14: after that line insert:

SB40-ASA1-AA1,377,4 " Section 2929em. 196.218 (3) (am) of the statutes is created to read:

SB40-ASA1-AA1,377,7 196.218 (3) (am) Beginning in fiscal year 2007-08, the total amount of contributions by all telecommunications providers in a fiscal year under par. (a) 3. may not exceed $32,038,400.".

SB40-ASA1-AA1,377,8 1802. Page 1278, line 13: delete lines 13 to 21.

SB40-ASA1-AA1,377,9 1803. Page 1278, line 21: after that line insert:

SB40-ASA1-AA1,377,10 " Section 2931g. 196.218 (5s) of the statutes is created to read:

SB40-ASA1-AA1,377,16 196.218 (5s) Annual audits. Annually the legislative audit bureau shall conduct a performance audit of at least one of the programs that receives funding from the universal service fund. The audit bureau shall distribute a copy of each audit report under this subsection to the commission, to the cochairs of the joint committee on finance, and to the cochairs of the joint audit committee. Audits under this subsection are in addition to the audits required under sub. (2) (d).".

SB40-ASA1-AA1,377,17 1804. Page 1279, line 13: delete lines 13 to 20.

SB40-ASA1-AA1,377,18 1805. Page 1279, line 20: after that line insert:

SB40-ASA1-AA1,377,19 " Section 2933rg. 196.491 (3) (d) (intro.) of the statutes is amended to read:

SB40-ASA1-AA1,377,23 196.491 (3) (d) (intro.) Except as provided under par. (e) and s. 196.493, the commission shall approve an application filed under par. (a) 1. for a certificate of public convenience and necessity only if the commission determines all of the following:

SB40-ASA1-AA1, s. 2933rr Section 2933rr. 196.493 of the statutes is repealed.".

SB40-ASA1-AA1,378,1 1806. Page 1279, line 20: after that line insert:

SB40-ASA1-AA1,378,2 " Section 2933rm. 196.491 (3) (dm) of the statutes is amended to read:

SB40-ASA1-AA1,378,6 196.491 (3) (dm) In making a determination required under par. (d), the commission may not consider a factual conclusion in a strategic energy assessment or the report required under 2007 Wisconsin Act .... (this act), section 9139 (2t) (f), unless the conclusion is independently corroborated in the hearing under par. (b).".