SECTION 322. 948.01 (3) of the statutes is amended to read:
948.01 (3) "Person responsible for the child's welfare" includes the child's parent; stepparent; guardian; foster parent; treatment foster parent; an employee of a public or private residential home, institution, or agency; other person legally responsible for the child's welfare in a residential setting; or a person employed by one legally responsible for the child's welfare to exercise temporary control or care for the child.
SECTION 323. 948.085 (1) of the statutes is amended to read:
948.085 (1) Has sexual contact or sexual intercourse with a child for whom the actor is a foster parent or treatment foster parent.
SECTION 324. 949.06 (1m) (a) of the statutes, as affected by 2009 Wisconsin Act .... (this act), is amended to read:
949.06 (1m) (a) In this subsection, "family member" means any spouse, state-registered domestic partner under s. 770.05, parent, grandparent, stepparent, child, stepchild, adopted child, grandchild, foster child, treatment foster child, brother, sister, half brother, half sister, aunt, uncle, nephew, niece, or parent or sibling of spouse or of a state-registered domestic partner under s. 770.05.
****NOTE: This is reconciled s. 949.06 (1m). This SECTION has been affected by drafts with the following LRB numbers: LRB-0884/2 and LRB-1308/P3.
SECTION 325. 973.017 (6) (a) of the statutes is amended to read:
973.017 (6) (a) In this subsection, "person responsible for the welfare of the child" includes the child's parent, stepparent, guardian, foster parent, or treatment foster parent; an employee of a public or private residential home, institution, or agency; any other person legally responsible for the child's welfare in a residential setting; or a person employed by one who is legally responsible for the child's welfare to exercise temporary control or care for the child.
SECTION 9108. Nonstatutory provisions; Children and Families.
(1) FOSTER CARE LEVELS OF CARE.
(a) Transition. Notwithstanding section 48.62 (1) of the statutes, as affected by this act, beginning on January 1, 2010, a person who on December 31, 2009, is licensed to operate a treatment foster home under section 48.62 (1) (b), 2007 stats., is considered to be licensed to operate a foster home under section 48.62 (1) of the statutes, as affected by this act, for the remainder of the term of the treatment foster home license under section 48.66 (1) (c), 2007 stats., or 48.75 (1r), 2007 stats., and a person who on December 31, 2009, is receiving kinship care payments under section 48.57 (3m), 2007 stats., or long-term kinship care payments under section 48.57 (3n), 2007 stats., for the care and maintenance of a child and who is not ineligible for a license to operate a foster home for a reason specified in section 48.685 (4m) (a) 1. to 5. of the statutes is considered to be licensed to operate a foster home under section 48.62 (1) of the statutes, as affected by this act, until the time when the next review of the child's placement would have taken place under section 48.57 (3m) (d), 2007 stats., or 48.57 (3n) (d), 2007 stats. Beginning on January 1, 2010, the department of children and families, the department of corrections, or a county department of human or social services shall reimburse a person who under this paragraph is considered to be licensed to operate a foster home at the appropriate rate determined by that department or county department under the rules promulgated by the department of children and families under section 48.62 (8) (c) of the statutes, as affected by this act.
(b) Rules.
1. 'Permanent rules.' The department of children and families shall submit in proposed form the rules required under section 48.62 (8) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 3rd month beginning after the effective date of this subdivision.
2. 'Emergency rules.' The department of children and families may promulgate the rules required under section 48.62 (8) of the statutes, as created by this act, as emergency rules under section 227.24 of the statutes. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, emergency rules promulgated under this subdivision remain in effect until the date on which the rules submitted under subdivision 1. take effect. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this subdivision as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subdivision.
SECTION 9408. Effective dates; Children and Families.
(1) FOSTER CARE LEVELS OF CARE. The repeal of sections 48.02 (17q), 48.40 (1m), 48.48 (17) (a) 10., 48.57 (3m), 48.57 (3n), 48.57 (3p), 48.57 (3t), 48.62 (1) (b), 49.001 (7), 49.155 (1m) (c) 1h., 49.46 (1) (a) 16., 50.065 (1) (c) 2., 619.01 (1) (c) 4m., 619.01 (9m), 767.57 (1m) (cm), 895.485 (1) (c), and 938.02 (17q) of the statutes, the renumbering of section 48.62 (1) (a) of the statutes, the amendment of sections 20.410 (3) (ho) (by SECTION 1), 20.437 (1) (b), 20.437 (1) (cf), 20.437 (1) (dd) (by SECTION 4), 20.437 (1) (pd) (by SECTION 5), 20.437 (2) (jm), 20.437 (2) (r), 46.10 (14) (a), 46.10 (14) (b), 46.21 (2) (j), 46.56 (8) (L), 46.56 (15) (b) 4., 46.985 (1) (f), 48.01 (1) (gg), 48.02 (6), 48.195 (2) (d) 5., 48.207 (1) (c), 48.207 (1) (f), 48.207 (3), 48.21 (5) (d) 2., 48.21 (5) (d) 3., 48.27 (3) (a) 1., 48.27 (3) (a) 1m., 48.27 (3) (a) 2., 48.27 (6), 48.299 (1) (ag), 48.299 (1) (ar), 48.32 (1) (c) 2., 48.32 (1) (c) 3., 48.33 (4) (intro.), 48.33 (5), 48.335 (3g) (intro.), 48.345 (3) (c), 48.355 (2) (b) 2., 48.355 (2d) (c) 2., 48.355 (2d) (c) 3., 48.355 (4), 48.357 (1) (am) 1., 48.357 (2m) (b), 48.357 (2r), 48.357 (2v) (c) 2., 48.357 (2v) (c) 3., 48.363 (1) (b), 48.363 (1m), 48.365 (2), 48.365 (2m) (ad) 2., 48.365 (2m) (ag), 48.371 (1) (intro.), 48.371 (1) (a), 48.371 (3) (intro.), 48.371 (3) (d), 48.371 (5), 48.375 (4) (a) 1., 48.375 (4) (b) 1m., 48.375 (4) (b) 3., 48.375 (7) (f), 48.38 (2) (intro.), 48.38 (2) (g), 48.38 (4) (d) (intro.), 48.38 (4) (f) (intro.), 48.38 (5) (b), 48.38 (5) (e), 48.38 (5m) (b), 48.38 (5m) (c), 48.38 (5m) (e), 48.42 (2) (d), 48.42 (2g) (a), 48.42 (2g) (am), 48.42 (2g) (b), 48.427 (1m), 48.427 (3m) (a) 5., 48.427 (3m) (am), 48.428 (2) (a), 48.428 (2) (b), 48.428 (4), 48.43 (5) (b), 48.43 (5m), 48.48 (9), 48.48 (17) (a) 3., 48.48 (17) (a) 8., 48.48 (17) (c) 4. (by SECTION 84), 48.481 (1) (a), 48.52 (1) (a), 48.52 (1) (b), 48.52 (1) (c), 48.569 (1) (d), 48.57 (1) (c), 48.57 (1) (hm), 48.57 (1) (i), 48.57 (3) (a) 4., 48.60 (2) (e), 48.61 (3), 48.61 (7), 48.615 (1) (b), subchapter XIV (title) of chapter 48 [precedes 48.619], 48.619, 48.62 (title), 48.62 (2), 48.62 (3), 48.62 (5) (a) (intro.), 48.62 (5) (c) 2., 48.62 (5) (d) (by SECTION 111), 48.62 (5) (e), 48.62 (6), 48.62 (7), 48.625 (3), 48.627 (title), 48.627 (2) (a), 48.627 (2c), 48.627 (2m), 48.627 (2s) (a), 48.627 (2s) (b), 48.627 (3) (b), 48.627 (3) (d), 48.627 (3) (e), 48.627 (3) (f), 48.627 (3) (h), 48.627 (4), 48.627 (5), 48.63 (1), 48.63 (3) (b) 2., 48.63 (4), 48.64 (title), 48.64 (1), 48.64 (1m), 48.64 (1r), 48.64 (2), 48.64 (4) (a), 48.64 (4) (c), 48.645 (1) (a), 48.645 (2) (a) 1., 48.645 (2) (a) 3., 48.645 (2) (a) 4., 48.645 (2) (b), subchapter XVI (title) of chapter 48 [precedes 48.66], 48.66 (1) (a), 48.66 (1) (c), 48.67 (intro.), 48.675 (1), 48.675 (2), 48.675 (3) (intro.), 48.675 (3) (a), 48.68 (1), 48.685 (1) (b), 48.685 (2) (c) 1., 48.685 (2) (c) 2., 48.685 (4m) (a) (intro.) (by SECTION 157), 48.685 (4m) (ad) (by SECTION 158), 48.685 (5) (bm) (intro.), 48.685 (5m) (by SECTION 160), 48.685 (6) (a) (by SECTION 161), 48.70 (2), 48.73, 48.75 (title), 48.75 (1d), 48.75 (1r), 48.75 (2), 48.833 (1), 48.833 (2), 48.837 (1), 48.837 (1r) (b), 48.88 (2) (am) 1., 48.88 (2) (am) 2., 48.975 (3) (a) 1., 48.975 (3) (a) 2., 48.98 (1), 48.98 (2) (a), 48.981 (3) (d) 1., 48.981 (7) (a) 4., 48.986 (4), 49.136 (1) (m), 49.155 (1) (c), 49.155 (1m) (a) (intro.), 49.155 (1m) (a) 1m. b., 49.155 (1m) (bm), 49.155 (1m) (c) 1. (intro.) (by SECTION 187), 49.175 (1) (s), 49.19 (1) (a) 2. b., 49.19 (4e) (a), 49.19 (10) (a), 49.19 (10) (c), 49.19 (10) (d), 49.19 (10) (e), 49.22 (6), 49.22 (7m), 49.32 (9) (a), 49.34 (1), 49.345 (14) (a), 49.345 (14) (b), 49.45 (3) (e) 7., 49.46 (1) (a) 5., 49.46 (1) (d) 1., 49.471 (4) (a) 5., 49.96, 50.01 (1) (a) 1., 50.01 (1) (a) 2., 59.69 (15) (intro.) (by SECTION 211), 59.69 (15) (bm), 60.63 (intro.) (by SECTION 213), 60.63 (3), 62.23 (7) (i) (intro.) (by SECTION 215), 62.23 (7) (i) 2m., 103.10 (1) (a) (intro.), 103.10 (1) (f) (by SECTION 218), 118.175 (1), 121.79 (1) (d) (intro.), 121.79 (1) (d) 2., 121.79 (1) (d) 3., 146.82 (2) (a) 18m., 167.10 (7), 252.15 (5) (a) 19., 253.10 (3) (c) 2. c., 301.12 (14) (a), 301.12 (14) (b), 301.26 (4) (d) 2. (by SECTION 229), 301.26 (4) (d) 3. (by SECTION 230), 301.26 (4) (e), 301.26 (4) (ed), 301.46 (4) (a) 6., 343.15 (4) (a) 3., 619.01 (1) (a), 619.01 (1) (c) 1., 619.01 (9), 767.205 (2) (a) 3., 767.205 (2) (a) 4., 767.407 (1) (c) 1., 767.41 (3) (c), 767.521 (intro.), 767.55 (3) (a) 2., 767.57 (2), 767.57 (4), 767.59 (1c) (a) (intro.), 767.87 (6) (a), 767.87 (6) (b), 786.37 (3), 809.105 (13), 895.485 (title), 895.485 (2) (intro.), 895.485 (2) (a), 895.485 (2) (b), 895.485 (3), 895.485 (4) (intro.), 895.485 (4) (a), 938.02 (6), 938.207 (1) (c), 938.207 (1) (f), 938.21 (5) (d) 2., 938.21 (5) (d) 3., 938.27 (3) (a) 1., 938.27 (3) (a) 1m., 938.27 (3) (a) 2., 938.27 (6), 938.299 (1) (ag), 938.32 (1) (d) 2., 938.32 (1) (d) 3., 938.33 (4) (intro.), 938.33 (5), 938.335 (3g) (intro.), 938.34 (3) (c), 938.355 (2) (b) 2., 938.355 (2d) (c) 2., 938.355 (2d) (c) 3., 938.355 (4) (a), 938.357 (1) (am) 1., 938.357 (1) (am) 2., 938.357 (2m) (b), 938.357 (2r), 938.357 (2v) (c) 2., 938.357 (2v) (c) 3., 938.357 (6), 938.363 (1) (b), 938.363 (1m), 938.365 (2), 938.365 (2m) (ad) 2., 938.365 (2m) (ag), 938.365 (5), 938.371 (1) (intro.), 938.371 (1) (a), 938.371 (3) (intro.), 938.371 (3) (d), 938.38 (2) (intro.), 938.38 (4) (f) (intro.), 938.38 (5) (b), 938.38 (5) (e), 938.38 (5m) (b), 938.38 (5m) (c), 938.38 (5m) (e), 938.48 (4), 938.52 (1) (b), 938.538 (3) (a) 1p., 938.57 (1) (c), 938.57 (3) (a) 4., 940.201 (1) (a), 940.203 (1) (a), 940.205 (1), 940.207 (1), 940.43 (1), 940.45 (1), 943.011 (1) (a), 943.013 (1) (a), 943.015 (1), 943.017 (2m) (a) 1., 948.01 (3), 948.085 (1), 949.06 (1m) (a) (by SECTION 324), and 973.017 (6) (a) of the statutes, and the creation of section 48.62 (8) of the statutes and SECTION 9108 (1) (a) of this act take effect on January 1, 2010.
(End)
LRB-0949LRB-0949/2
MDK:kjf:rs
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0201 - Telecommunications assessments for consumer protection
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
State Government
Public utility regulation
Under current law, DATCP enforces certain requirements that apply to advertising, sales representations, and sales and collection practices of telecommunications providers, including telecommunications utilities subject to varying degrees of regulation by the PSC. DATCP's enforcement of the requirements is funded, in general, by general purpose revenues. Under this bill, DATCP's enforcement of the requirements is funded by annual assessments paid by telecommunications utilities, except for telecommunications utilities that are regulated as alternative telecommunications utilities and wireless telephone companies. The bill requires the PSC to assess telecommunications utilities in proportion to their gross operating revenues.
For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.115 (1) (jm) of the statutes is created to read:
20.115 (1) (jm) Telecommunications utility trade practices. The amounts in the schedule for the administration of s. 100.207. All moneys received under s. 196.859 shall be credited to this appropriation account.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 196.859 of the statutes is created to read:
196.859 Assessment for telecommunications utility trade practices. (1) The commission shall annually assess against telecommunications utilities the total of the amount appropriated under s. 20.115 (1) (jm).
(2) The commission shall assess a sum equal to the annual total amount under sub. (1) to telecommunications utilities in proportion to their gross operating revenues during the last calendar year. A telecommunications utility shall pay the assessment within 30 days after the bill has been mailed to the assessed telecommunications utility. The bill constitutes notice of the assessment and demand of payment. Payments shall be credited to the appropriation account under s. 20.115 (1) (jm).
(3) Section 196.85 (3) to (8), as it applies to assessments under s. 196.85 (1) or (2), applies to assessments under this section.
(4) A telecommunications utility may not recover the assessment under this section by billing a customer for the assessment on a separate line in a billing statement.
(End)
LRB-0956LRB-0956/2
TJD:wlj:jf
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0237 - Cancer researcher access to cancer registry data
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: permitting a researcher, under certain conditions, access to cancer information reported to the Department of Health and Family Services, prohibiting certain other use or redisclosure of the information, creating civil liability for violation of the prohibitions, making an appropriation, and providing penalties.
Analysis by the Legislative Reference Bureau
Health and human services
Health
Under current law, with few exceptions, a patient's health information must remain confidential unless the patient gives informed consent to release that information. Hospitals, physicians, and certain laboratories, however, must report to DHS information concerning any person diagnosed as having cancer or a precancerous condition. DHS may not disclose any information that could identify the patient except to the national tumor registry or to a central tumor registry in another state, if the patient resides in that state.
This bill allows DHS to disclose to certain researchers otherwise confidential cancer report information. To obtain the information, a researcher must submit an application with his or her qualifications, a written research protocol, documentation of approval of the protocol by an institutional review board, and any information that DHS requests. The proposed research must study cancer, cancer prevention, or cancer control. DHS may charge a fee for providing information to the researcher.
The bill prohibits the researcher from disclosing the cancer information obtained from DHS except in certain circumstances. Anyone who discloses a patient's confidential cancer information is liable to that 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. Anyone disclosing a patient's confidential information is subject to a fine of $15,000 or imprisonment of not more than one year in the county jail or both and is subject to a forfeiture assessed by DHS of up to $100 for each violation.
Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report concerning the proposed penalty and the costs or savings that are likely to result if the bill is enacted.
For further information see the state fiscal estimate, which will be printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 20.435 (1) (gp) of the statutes is created to read:
20.435 (1) (gp) Cancer information. All moneys received from fees collected for access to cancer registry information under s. 255.04 for collecting, compiling, and disseminating cancer information under s. 255.04.
****NOTE: This SECTION involves a change in an appropriation that must be reflected in the revised schedule in s. 20.005, stats.
SECTION 2. 146.82 (2) (a) 8. of the statutes is amended to read:
146.82 (2) (a) 8. To the department under s. 255.04 and to the persons specified under s. 255.04 (3). The release of a patient health care record under this subdivision shall be limited to the information prescribed by the department under s. 255.04 (2).
SECTION 3. 255.01 (2m) of the statutes is created to read:
255.01 (2m) "Research" means a systematic investigation through scientific inquiry, including development, testing, and evaluation, that is designed to develop or contribute to generalizable knowledge.
SECTION 4. 255.01 (2n) of the statutes is created to read:
255.01 (2n) "Researcher" means a person who performs research.
SECTION 5. 255.04 (3) (c) of the statutes is created to read:
255.04 (3) (c) A researcher who proposes to conduct research, if all of the following conditions are met:
1. The researcher applies in writing to the department for approval of access to individually identifiable information under sub. (1) or (5) that is necessary for performance of the proposed research, and the department approves the application. An application under this subdivision shall include all of the following:
a. A written protocol to perform research.
b. The researcher's professional qualifications to perform the proposed research.
c. Documentation of approval of the research protocol by an institutional review board of a domestic institution that has a federalwide assurance approved by the office for human research protections of the federal department of health and human services.
d. Any other information requested by the department.
2. The proposed research is for the purpose of studying cancer, cancer prevention, or cancer control.
SECTION 6. 255.04 (6) of the statutes is created to read:
255.04 (6) The department may charge a reasonable fee for disclosing information to a researcher under sub. (3) (c).
SECTION 7. 255.04 (7) of the statutes is created to read:
255.04 (7) Information obtained by the department under sub. (1) or (5) or obtained by a person under sub. (3) (c) is not subject to inspection, copying, or receipt under s. 19.35 (1).
SECTION 8. 255.04 (8) of the statutes is created to read:
255.04 (8) No person to whom information is disclosed under sub. (3) (c) may do any of the following:
(a) Use the information for a purpose other than for the performance of research as specified in the application under sub. (3) (c) 1., as approved by the department.
(b) Disclose the information to a person who is not connected with performance of the research.
(c) Reveal in the final research product information that may identify an individual whose information is disclosed under sub. (3) (c).
SECTION 9. 255.04 (9) of the statutes is created to read:
255.04 (9) Whoever violates sub. (8) (a), (b), or (c) is liable to the subject of the information 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.
SECTION 10. 255.04 (10) of the statutes is created to read:
255.04 (10) (a) Whoever intentionally violates sub. (8) (a), (b), or (c) may be fined not more than $15,000 or imprisoned for not more than one year in the county jail or both.
(b) Any person who violates sub. (8) (a), (b), or (c) may be required to forfeit not more than $100 for each violation. Each day of continued violation constitutes a separate offense, except that no day in the period between the date on which a request for a hearing is filed under s. 227.44 and the date of the conclusion of all administrative and judicial proceedings arising out of a decision under this paragraph constitutes a violation.
(c) The department may directly assess forfeitures under par. (b). If the department determines that a forfeiture should be assessed for a particular violation or for failure to correct the violation, the department shall send a notice of assessment to the alleged violator. The notice shall specify the alleged violation of the statute and the amount of the forfeiture assessed and shall inform the alleged violator of the right to contest the assessment under s. 227.44.
(End)
LRB-0967LRB-0967/1
PJK:jld:rs
2009 - 2010 LEGISLATURE
DOA:......Palchik, BB0240 - FoodShare - Low-Income Energy Assistance
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
Health and human services
