Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,161,16 208. Page 163, line 25: after that line insert:

AB1-ASA1-AA1,161,17 " Section 288p. 121.91 (3) (a) of the statutes is amended to read:

AB1-ASA1-AA1,162,10 121.91 (3) (a) If a school board wishes to exceed the limit under sub. (2m) otherwise applicable to the school district in any school year, it shall promptly adopt a resolution supporting inclusion in the final school district budget of an amount equal to the proposed excess revenue. The resolution shall specify whether the proposed excess revenue is for a recurring or nonrecurring purpose, or, if the proposed excess revenue is for both recurring and nonrecurring purposes, the amount of the proposed excess revenue for each purpose. The resolution shall be filed as provided in s. 8.37. Within 10 days after adopting the resolution, the school board shall notify the department of the scheduled date of the referendum and submit a copy of the resolution to the department. The school board shall call a special referendum in accordance with s. 8.065 for the purpose of submitting the resolution to the electors of the school district for approval or rejection. In lieu of a special referendum, the school board may specify that the referendum be held at the next succeeding spring primary or election or September primary or general election, if such election is, to be held not sooner than 42 days after the filing of the resolution of the school board. The school district clerk shall certify the results of the referendum to the department within 10 days after the referendum is held.".

AB1-ASA1-AA1,162,11 209. Page 166, line 6: after that line insert:

AB1-ASA1-AA1,162,12 " Section 298n. 133.16 of the statutes is amended to read:

AB1-ASA1-AA1,163,13 133.16 Injunction; pleading; practice. Any circuit court may prevent or restrain, by injunction or otherwise, any violation of this chapter. The department of justice, any district attorney or any person by complaint may institute actions or proceedings to prevent or restrain a violation of this chapter, setting forth the cause and grounds for the intervention of the court and praying that such violation, whether intended or continuing be enjoined or prohibited. When the parties informed against or complained of have been served with a copy of the information or complaint and cited to answer it, the court shall proceed, as soon as may be in accordance with its rules, to the hearing and determination of the case; and pending the filing of the answer to such information or complaint may, at any time, upon proper notice, make such temporary restraining order or prohibition as is just. Whenever it appears to the court that the ends of justice require that other persons be made parties to the action or proceeding the court may cause them to be made parties in such manner as it directs. The party commencing or maintaining the action or proceeding may demand and recover the cost of suit including reasonable attorney fees. In an action commenced by the department of justice, the court may award the department of justice the reasonable and necessary costs of investigation and an amount reasonably necessary to remedy the harmful effects of the violation. The department of justice shall deposit in the state treasury for deposit in the general fund all moneys that the court awards to the department or the state under this section. Ten percent of the money deposited in the general fund that was awarded under this section for the costs of investigation and the costs of suit, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh). Copies of all pleadings filed under this section shall be served on the department of justice.".

AB1-ASA1-AA1,163,14 210. Page 172, line 3: after that line insert:

AB1-ASA1-AA1,163,15 " Section 335m. 146.70 (3m) of the statutes is created to read:

AB1-ASA1-AA1,163,16 146.70 (3m) Wireless providers. (a) Definitions. In this subsection:

AB1-ASA1-AA1,163,17 1. "Board" means the wireless 911 board.

AB1-ASA1-AA1,163,20 2. "Federal wireless orders" means the orders of the federal communications commission regarding 911 emergency services for wireless telephone users in FCC docket no. 94-102.

AB1-ASA1-AA1,163,22 3. "Wireless provider" means a commercial mobile radio service provider, as defined in s. 196.01 (2g), that is subject to the federal wireless orders.

AB1-ASA1-AA1,164,3 4. "Wireless public safety answering point" means a facility to which a call on a wireless provider's system is initially routed for response, and on which a public agency directly dispatches the appropriate emergency service provider, relays a message to the appropriate emergency service provider, or transfers the call to the appropriate emergency services provider.

AB1-ASA1-AA1,164,13 (b) Grants. 1. From the appropriations under s. 20.143 (3) (js) and (kv), the board shall make grants to public agencies that operate public safety answering points for eligible expenses under par. (c). A public agency is eligible for a grant under this subdivision only if the board determines that the public agency has complied with the federal wireless orders and either is providing 911 emergency services for wireless telephone users or has begun to implement 911 emergency services for wireless telephone users that will be provided within 2 years after implementation has begun. The total amount in grants that a public agency may receive under this subdivision may not exceed 50% of the public agency's total eligible expenses under par. (c).

AB1-ASA1-AA1,164,19 2. From the appropriation under s. 20.143 (3) (jm), the board shall make grants to wireless providers for actual costs and expenses incurred by wireless providers in complying with the federal wireless orders, including costs and expenses for designing, upgrading, purchasing, leasing, programming, installing, testing, operating, and maintaining data, hardware, and software necessary to provide 911 emergency services for wireless telephone users.

AB1-ASA1-AA1,165,2 3. If the board determines that there are insufficient funds in the appropriation account under s. 20.143 (3) (jm) to make a grant under subd. 2., and the board has not paid a grant under subd. 1. or an installment under subd. 4. in the preceding 3 months, the board may make the grant to the wireless provider from the appropriation account under s. 20.143 (3) (js). If the board makes a grant under this subdivision, the board shall, as soon as practicable, transfer moneys from the appropriation account under s. 20.143 (3) (jm) to the appropriation account under s. 20.143 (3) (kv) in an amount equal to the amount of the grant.

AB1-ASA1-AA1,165,5 4. If the board determines that there are insufficient funds in an appropriation to make a grant under this paragraph, the board may make the grant in installments.

AB1-ASA1-AA1,165,8 5. The board shall contract for independent audits of applications for grants under this paragraph. An applicant shall provide an auditor with any relevant confidential business information.

AB1-ASA1-AA1,165,12 (c) Public agency eligible expenses. 1. A public agency may receive a grant under par. (b) 1. for actual expenses that the public agency directly and primarily incurred for leasing, purchasing, operating, or maintaining a wireless public safety answering point, including expenses for all of the following:

AB1-ASA1-AA1,165,15 a. Necessary network equipment, computer hardware and software, database equipment, and radio and telephone equipment, that are located within the public safety answering point.

AB1-ASA1-AA1,165,16 b. Training operators of a public safety answering point.

AB1-ASA1-AA1,165,18 c. Network costs for delivery of calls from a wireless provider to a public safety answering point.

AB1-ASA1-AA1,165,20 2. Except for expenses under subd. 1., a public agency may not receive a grant under par. (b) 1. for any of the following:

AB1-ASA1-AA1,165,23 a. Emergency service dispatch, including personnel, training, equipment, software, records management, radio communications, and mobile data network systems.

AB1-ASA1-AA1,165,24 b. Vehicles and equipment in vehicles.

AB1-ASA1-AA1,166,2 c. Communications equipment and software used to communicate with vehicles.

AB1-ASA1-AA1,166,4 d. Real estate and improvements to real estate, other than improvements necessary to maintain the security of a public safety answering point.

AB1-ASA1-AA1,166,5 e. Salaries and benefits of operators of a public safety answering point.

AB1-ASA1-AA1,166,12 (d) Wireless surcharge. 1. Each wireless provider shall impose a surcharge of 50 cents per month for each telephone number that has a billable address in this state and shall identify the surcharge on a customer's bill on a separate line that is identified as "Wireless 911 Surcharge." The board may promulgate rules that increase or decrease the surcharge, except that the board may not increase the surcharge more than once per year, any increase must be uniform statewide and may not exceed 10 cents, and the surcharge may not exceed $1.

AB1-ASA1-AA1,166,14 2. A wireless provider may not prorate the surcharge and shall collect the entire amount of the surcharge for a month of partial service.

AB1-ASA1-AA1,166,21 3. The board shall promulgate rules establishing requirements for wireless providers to collect the surcharge from their customers beginning with the first bills issued after July 1, 2002. Except as provided in subd. 4., a wireless provider shall pay the surcharges to the board no more than 60 days after the end of the calendar month in which the surcharges are collected. The board shall bring an action to collect a surcharge that is not paid by a customer and the customer's wireless provider is not liable for the unpaid surcharge.

AB1-ASA1-AA1,166,24 4. Wireless providers may retain 2% of the surcharges collected in fiscal year 2002-03 for reimbursing costs related to collecting the surcharge, including reprogramming billing systems.

AB1-ASA1-AA1,167,5 (e) Confidentiality of information. The board may withhold from public inspection any information that would aid a competitor of a wireless provider in competition with the wireless provider. The board shall establish procedures for internal management that prohibit members of the board from having access to confidential business information submitted by wireless providers.

AB1-ASA1-AA1,167,11 (f) Public information. The board shall promulgate rules establishing requirements and procedures for informing the public about the purpose and uses of the surcharge required under this subsection. The rules shall require the board to maintain a toll-free telephone number to provide such information to the public and require wireless providers to identify the toll-free number on bills and direct customers to contact the board regarding questions about the surcharge.

AB1-ASA1-AA1,167,14 (g) Other charges prohibited. No city, village, town, county, or state agency, as defined in s. 16.375 (1), except the board, may require a wireless provider to collect or pay a surcharge or fee related to wireless emergency telephone service.

AB1-ASA1-AA1,167,17 (h) Liability exemption. A wireless provider shall not be liable to any person who uses a wireless emergency telephone number system for which a grant is made under par. (b).

AB1-ASA1-AA1,167,22 (i) Report to governor and legislature. Annually, the board shall submit a report to the governor, and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2), that describes the costs incurred by wireless providers and public agencies in providing wireless emergency telephone service and the grants made by the board.

AB1-ASA1-AA1,167,24 (j) Board powers. The board shall possess all powers necessary or convenient for administering the requirements of this subsection.

AB1-ASA1-AA1,168,2 (k) Sunset. This subsection does not apply after the first day of the 120th month beginning after the effective date of this paragraph .... [revisor inserts date].".

AB1-ASA1-AA1,168,3 211. Page 172, line 10: after that line insert:

AB1-ASA1-AA1,168,4 " Section 336d. 146.96 of the statutes is created to read:

AB1-ASA1-AA1,168,8 146.96 Uniform claim processing form. Beginning no later than July 1, 2004, every health care provider, as defined in s. 146.81 (1), shall use the uniform claim processing form developed by the commissioner of insurance under s. 601.41 (9) (b) when submitting a claim to an insurer.".

AB1-ASA1-AA1,168,9 212. Page 172, line 10: after that line insert:

AB1-ASA1-AA1,168,10 " Section 336im. 149.10 (8b) of the statutes is repealed.

AB1-ASA1-AA1, s. 336ip Section 336ip. 149.15 (3) (g) of the statutes is amended to read:

AB1-ASA1-AA1,168,16 149.15 (3) (g) Establish oversight committees to address various administrative issues, such as financial management of the plan and, selection of the plan administrator, and plan administrator performance standards. A representative of the department may not be the chairperson of any committee established under this paragraph.

AB1-ASA1-AA1, s. 336ir Section 336ir. 149.16 (1) of the statutes is repealed.

AB1-ASA1-AA1, s. 336is Section 336is. 149.16 (1m) of the statutes is created to read:

AB1-ASA1-AA1,168,22 149.16 (1m) (a) The plan administrator shall be selected by the department and the board together in a competitive, request-for-proposals process. The department shall work with the board and the plan administrator selection committee established under s. 149.15 (3) (g) to do all of the following:

AB1-ASA1-AA1,168,24 1. Develop and issue a request for proposals to be used to solicit contract proposals.

AB1-ASA1-AA1,169,2 2. Evaluate technical proposals and accompanying cost proposals submitted in response to the request for proposals.

AB1-ASA1-AA1,169,3 3. Request and evaluate best and final offers.

AB1-ASA1-AA1,169,5 4. Select a plan administrator and, subject to sub. (5), award a contract for plan administration.

AB1-ASA1-AA1,169,9 (b) 1. Any contract awarded under this subsection shall have a term of 3 years, beginning on July 1 and ending on June 30 of the 3rd year beginning after the year in which the contract commences. The start work date of the initial contract awarded under this subsection may not be later than July 1, 2003.

AB1-ASA1-AA1,169,12 2. Notwithstanding subd. 1, the department, with the concurrence of the board, may negotiate not more than 2 one-year extensions of a contract described under subd. 1.

AB1-ASA1-AA1,169,15 3. Notwithstanding subds. 1. and 2., a contract awarded under this subsection may be extended beyond its 3-year term or a one-year extension in order to facilitate the transition to administration of the plan by a succeeding plan administrator.

AB1-ASA1-AA1,169,20 (c) The plan administrator selected under this subsection must have in place at the time the plan administrator is selected information systems that are in compliance with the standards adopted under the administrative simplification provisions of the federal Health Insurance Portability and Accountability Act of 1996.

AB1-ASA1-AA1,169,22 (d) The plan shall be administered in the state but the administration may not be limited to any particular geographic location within the state.

AB1-ASA1-AA1, s. 336itc Section 336itc. 149.16 (3m) of the statutes is created to read:

AB1-ASA1-AA1,170,3 149.16 (3m) The plan administrator shall submit regular reports to the department, the board, and the plan administrator selection committee established under s. 149.15 (3) (g) regarding the operation of the plan. The frequency, content, and form of the reports shall be determined by the department, the board, and the plan administrator selection committee.

AB1-ASA1-AA1, s. 336itm Section 336itm. 149.16 (4) of the statutes is amended to read:

AB1-ASA1-AA1,170,8 149.16 (4) The If the plan administrator selected under sub. (1m) is the fiscal agent under s. 49.45 (2) (b) 2., the plan administrator shall account for costs related to the plan separately from costs related to medical assistance under subch. IV of ch. 49.

AB1-ASA1-AA1, s. 336itr Section 336itr. 149.16 (5) of the statutes is amended to read:

AB1-ASA1-AA1,170,12 149.16 (5) The department shall obtain the approval of the board before implementing any contract with the plan administrator, including any extension of a contract under sub. (1m) (b) 2.".

AB1-ASA1-AA1,170,13 213. Page 173, line 16: after that line insert:

AB1-ASA1-AA1,170,14 " Section 338g. 157.055 of the statutes is created to read:

AB1-ASA1-AA1,170,16 157.055 Disposal of human remains during state of emergency relating to public health. (1) In this section:

AB1-ASA1-AA1,170,17 (a) "Funeral establishment" has the meaning given in s. 445.01 (6).

AB1-ASA1-AA1,170,18 (b) "Public health authority" has the meaning given in s. 250.01 (6g).

AB1-ASA1-AA1,170,22 (2) Notwithstanding ss. 69.18 (4), 445.04 (2), 445.14, 979.01 (3), (3m), and (4), 979.02, and 979.10, during a period of a state of emergency related to public health declared by the governor under s. 166.03 (1) (b) 1., a public health authority may do all of the following:

AB1-ASA1-AA1,171,3 (a) Issue and enforce orders that are reasonable and necessary to provide for the safe disposal of human remains, including by embalming, burial, cremation, interment, disinterment, transportation, and other disposal.

AB1-ASA1-AA1,171,4 (b) Take possession and control of any human remains.

AB1-ASA1-AA1,171,9 (c) Order the disposal, through burial or cremation, of any human remains of an individual who has died of a communicable disease, within 24 hours after the individual's death and consider, to the extent feasible, the religious, cultural, or individual beliefs of the deceased individual or his or her family in disposing of the remains.

AB1-ASA1-AA1,171,17 (d) If reasonable and necessary for emergency response, require a funeral establishment, as a condition of its permit under s. 445.105 (1), to accept human remains or provide the use of its business or facility, including by transferring the management and supervision of the funeral establishment to the public health authority, for a period of time not to exceed the period of the state of emergency. Reasonable and necessary expenses of a funeral establishment in complying with the requirements under this paragraph may be paid by the department from the appropriation under s. 20.435 (1) (e).

AB1-ASA1-AA1,171,22 (e) Require the labeling of all human remains before disposal with all available identifying information and information concerning the circumstances of death and, in addition, require that the human remains of an individual with a communicable disease be clearly tagged to indicate that remains contain a communicable disease and, if known, the specific communicable disease.

AB1-ASA1-AA1,172,4 (f) Maintain or require the maintenance of a written or electronic record of all human remains that are disposed of, including all available identifying information and information concerning the circumstances of death and disposal. If it is impossible to identify human remains prior to disposal, the public health authority may require that a qualified person obtain any fingerprints, photographs, or identifying dental information, and collect a specimen of deoxyribonucleic acid from the human remains and transmit this information to the public health authority.

AB1-ASA1-AA1,172,16 (g) Notwithstanding s. 59.34 (1) or 59.35 (1), authorize a county medical examiner or a county coroner to appoint emergency assistant medical examiners or emergency deputy coroners, whichever is applicable, if necessary to perform the duties of the office of medical examiner or coroner, and to prescribe the duties of the emergency assistant medical examiners or emergency deputy coroners. The term of any emergency appointment authorized under this paragraph may not exceed the period of the state emergency. A county medical examiner or county coroner may terminate an emergency appointment before the end of the period of the state emergency, if termination of the appointment will not impede the performance of the duties of his or her office. From the appropriation under s. 20.435 (1) (e), the department shall reimburse counties for the cost of any emergency medical examiners or emergency deputy coroners appointed under this paragraph.".

AB1-ASA1-AA1,172,17 214. Page 173, line 16: after that line insert:

AB1-ASA1-AA1,172,18 " Section 338n. 160.257 of the statutes is created to read:

AB1-ASA1-AA1,172,20 160.257 Exceptions for certain aquifer storage and recovery systems. (1) In this section:

AB1-ASA1-AA1,172,22 (a) "Aquifer storage and recovery system" means all of the aquifer storage and recovery wells and related appurtenances that are part of a municipal water system.

AB1-ASA1-AA1,173,3 (b) "Aquifer storage and recovery well" means a well through which treated drinking water is placed underground for the purpose of storing and later recovering the water through the same well for use as drinking water.

AB1-ASA1-AA1,173,7 (c) "Municipal water system" means a community water system, as defined in s. 281.62 (1) (a), that is owned by a city, village, town, county, town sanitary district, utility district, public inland lake protection and rehabilitation district, or municipal water district, or by a privately owned water utility serving any of the foregoing.

AB1-ASA1-AA1,173,8 (d) "Specified substance" means one of the following:

AB1-ASA1-AA1,173,9 1. Chloroform.

AB1-ASA1-AA1,173,10 2. Bromodichloromethane.

AB1-ASA1-AA1,173,11 3. Dibromochloromethane.

AB1-ASA1-AA1,173,12 4. Bromoform.

AB1-ASA1-AA1,173,15 (e) "Treated drinking water" means potable water that has been treated so that it complies with the primary drinking water standards promulgated under ss. 280.11 and 281.17 (8).