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
Public assistance
Under current law, DOA administers a low-income energy assistance program under which DOA provides heating assistance benefits to eligible households. One type of eligible household is a household that is entirely composed of persons receiving food stamps. This bill adds as an eligible household a household that includes at least one person who is eligible for food stamps, excluding households in certain institutions defined by DHS by rule, and specifies that such an eligible household may not receive more than $1 in heating assistance benefits.
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. 16.27 (5) (c) of the statutes is amended to read:
16.27 (5) (c) A household entirely composed of persons receiving aid to families with dependent children under s. 49.19, food stamps under 7 USC 2011 to 2029 2036, or supplemental security income or state supplemental payments under 42 USC 1381 to 1383c or s. 49.77.
SECTION 2. 16.27 (5) (e) of the statutes is created to read:
16.27 (5) (e) A household that is not eligible under par. (c) that includes at least one person who is eligible for food stamps under 7 USC 2011 to 2036, excluding any household in an institution, as defined by the department of health services by rule. Notwithstanding sub. (6), a household under this paragraph shall be eligible for a heating assistance benefit of not more than $1.
(End)
LRB-0973LRB-0973/1
RNK:wlj:md
2009 - 2010 LEGISLATURE
DOA:......Miner, BB0239 - Dam inspection requirements
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
AN ACT ...; relating to: the budget.
Analysis by the Legislative Reference Bureau
natural resources
Navigable waters
Current law requires DNR to conduct a detailed inspection of each large dam that is maintained or operated in or across navigable waters. A large dam is one that is at least 25 feet high and impounds more than 15 acre-feet of water or that is more than 6 feet high and impounds more than 50-acre feet of water. This bill makes changes to the inspection requirements for large dams depending on whether they are classified by DNR as a high hazard, significant hazard, or low hazard dam.
Under this bill, DNR must classify each dam in this state as a high hazard, significant hazard, or low hazard dam. The bill provides that a "high hazard dam" is a large dam the failure of which would probably cause loss of human life. A "significant hazard dam" is a large dam the failure of which would probably cause significant property damage but would probably not cause loss of human life. A "low hazard dam" is a large dam the failure of which would probably not cause significant property damage or loss of human life. The bill requires DNR to inspect high hazard dams and significant hazard dams once every ten years. The bill also requires each owner of a large dam, regardless of the dam's classification, to engage a professional engineer to inspect the owner's dam on a regular basis. The frequency of the required inspection is based upon the dam's hazard classification. The bill specifies that the owner must submit a report of the inspection to DNR.
Under current law, DNR's inspection authority covers only those large dams maintained or operated in or across navigable waters. This bill provides that the inspection requirements imposed upon DNR and upon dam owners apply to all large dams, not just those maintained or operated in or across navigable waters.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
SECTION 1. 31.19 (1) of the statutes is renumbered 31.19 (1m) and amended to read:
31.19 (1m) DETERMINATION OF DAM SIZE. For the purposes of this section, a dam is considered to be a large dam if either of the following applies:
(a) It has a structural height of 25 feet or more and impounds more than 15 acre-feet of water; or.
(b) It has a structural height of more than 6 feet and impounds more than 50 acre-feet or more of water.
SECTION 2. 31.19 (1g) of the statutes is created to read:
31.19 (1g) DEFINITIONS. In this section:
(a) "High hazard dam" means a large dam the failure of which would probably cause loss of human life.
(b) "Low hazard dam" means a large dam the failure of which would probably not cause significant property damage or loss of human life.
(c) "Significant hazard dam" means a large dam the failure of which would probably cause significant property damage but would probably not cause loss of human life.
SECTION 3. 31.19 (2) (title) of the statutes is amended to read:
31.19 (2) (title) DECENNIAL LARGE DAM INSPECTION.
SECTION 4. 31.19 (2) (a) of the statutes is amended to read:
31.19 (2) (a) Requirement Inspection by the department. Except as provided under par. (b), at least once every 10 years the department shall conduct a detailed inspection of each high hazard dam which is maintained or operated in or across navigable waters and each significant hazard dam.
SECTION 5. 31.19 (2) (ag) of the statutes is created to read:
31.19 (2) (ag) Owner responsibility. 1. Owners of each high hazard dam, each significant hazard dam, and each low hazard dam shall engage a professional engineer registered under s. 443.04 to inspect the dam as specified in this paragraph.
2. An owner of a high hazard dam shall cause the dam to be inspected at least 4 times between each inspection conducted by the department under par. (a). An owner of a significant hazard dam shall cause the dam to be inspected at least 2 times between each inspection conducted by the department under par. (a). An owner of a low hazard dam shall cause the dam to be inspected at least once every 10 years.
3. The owner of a dam required to be inspected under this paragraph shall submit to the department, no later than 90 days after the date of the inspection, a report of the results of the inspection. The report shall include information on any deficiencies in the dam, recommendations for addressing those deficiencies, and recommendations on improving the safety and structural integrity of the dam.
SECTION 6. 31.19 (2) (ar) of the statutes is created to read:
31.19 (2) (ar) Dam classification. The department shall classify each dam in this state as a high hazard, significant hazard, or low hazard dam for the purpose of this section.
(End)
LRB-0974LRB-0974/1
RAC:kjf:md
2009 - 2010 LEGISLATURE
DOA:......Grinde, BB0241 - Revenue shortfall trigger
For 2009-11 Budget -- Not Ready For Introduction
2009 BILL
