Amendment JR2 AA1-ASA1-AB1

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AB1-ASA1-AA1,168,10 " Section 336im. 149.10 (8b) of the statutes is repealed.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AB1-ASA1-AA1, s. 336ir Section 336ir. 149.16 (1) of the statutes is repealed.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).

AB1-ASA1-AA1,173,23 (2) Notwithstanding s. 160.19 (1) and (2), the department is not required to promulgate or amend rules that define design or management criteria for aquifer storage and recovery systems in Oak Creek or Brown County to minimize the amount of a specified substance in groundwater or to maintain compliance with the preventive action limit for a specified substance, however, the department shall promulgate rules that define design or management criteria for aquifer storage and recovery systems to maintain compliance with drinking water standards promulgated under ss. 280.11 and 281.17 (8).

AB1-ASA1-AA1,174,3 (3) Notwithstanding s. 160.21 (2), the point of standards application for an aquifer storage and recovery well in Oak Creek or Brown County with respect to a specified substance is 1,200 feet from the aquifer storage and recovery well.".

AB1-ASA1-AA1,174,4 215. Page 176, line 3: after that line insert:

AB1-ASA1-AA1,174,5 " Section 340g. 166.02 (1p) of the statutes is created to read:

AB1-ASA1-AA1,174,6 166.02 (1p) "Biological agent" means any of the following:

AB1-ASA1-AA1,174,8 (a) A select agent that is a virus, bacterium, rickettsia, fungus, or toxin that is specified under 42 CFR 72, Appendix A.

AB1-ASA1-AA1,174,11 (b) A genetically modified microorganism or genetic element from an organism under par. (a) that is shown to produce or encode for a factor associated with a disease.

AB1-ASA1-AA1,174,13 (c) A genetically modified microorganism or genetic element that contains nucleic acid sequences coding for a toxin under par. (a) or its toxic subunit.

AB1-ASA1-AA1,174,14 (d) An agent specified by the department of health and family services by rule.

AB1-ASA1-AA1, s. 340h Section 340h. 166.02 (1r) of the statutes is created to read:

AB1-ASA1-AA1,174,19 166.02 (1r) "Bioterrorism" means the intentional use of any biological, chemical, or radiological agent to cause death, disease or biological malfunction in a human, animal, plant, or other living organism in order to influence the policy of a governmental unit or to intimidate or coerce the civilian population.

AB1-ASA1-AA1, s. 340i Section 340i. 166.02 (1t) of the statutes is created to read:

AB1-ASA1-AA1,174,22 166.02 (1t) "Chemical agent" means a substance that has chemical properties that produce lethal or serious effects in plants or animals.

AB1-ASA1-AA1, s. 340j Section 340j. 166.02 (7) of the statutes is created to read:

AB1-ASA1-AA1,175,2 166.02 (7) "Public health emergency" means the occurrence or imminent threat of an illness or health condition that meets all of the following criteria:

AB1-ASA1-AA1,175,4 (a) Is believed to be caused by bioterrorism or a novel or previously controlled or eradicated biological agent.

AB1-ASA1-AA1,175,5 (b) Poses a high probability of any of the following:

AB1-ASA1-AA1,175,6 1. A large number of deaths or serious or long-term disabilities among humans.

AB1-ASA1-AA1,175,9 2. A high probability of widespread exposure to a biological, chemical, or radiological agent that creates a significant risk of substantial future harm to a large number of people.

AB1-ASA1-AA1, s. 340k Section 340k. 166.02 (8) of the statutes is created to read:

AB1-ASA1-AA1,175,12 166.02 (8) "Radiological agent" means radiation or radioactive material at a level that is dangerous to human health.

AB1-ASA1-AA1, s. 340L Section 340L. 166.03 (1) (b) 1. of the statutes is amended to read:

AB1-ASA1-AA1,175,25 166.03 (1) (b) 1. Proclaim a state of emergency for the state or any portion thereof of the state if he or she determines that an emergency resulting from enemy action or natural or man-made disaster exists. If the governor determines that a public health emergency exists, he or she may declare a state of emergency related to public health and may designate the department of health and family services as the lead state agency to respond to that emergency. The duration of such state of emergency shall not exceed 60 days as to emergencies resulting from enemy action or 30 days as to emergencies resulting from natural or man-made disaster, unless either is extended by joint resolution of the legislature. A copy of the proclamation shall be filed with the secretary of state. The proclamation may be revoked at the discretion of either the governor by written order or the legislature by joint resolution.

AB1-ASA1-AA1, s. 340m Section 340m. 166.03 (1) (b) 8. of the statutes is created to read:

AB1-ASA1-AA1,176,5 166.03 (1) (b) 8. During a state of emergency related to public health, suspend the provisions of any administrative rule if the strict compliance with that rule would prevent, hinder, or delay necessary actions to respond to the emergency and increase the health threat to the population.

AB1-ASA1-AA1, s. 340n Section 340n. 166.03 (2) (a) 6. of the statutes is created to read:

AB1-ASA1-AA1,176,12 166.03 (2) (a) 6. No later than 90 days after a state of emergency relating to public health is declared and the department of health and family services is not designated under s. 166.03 (1) (b) 1. as the lead state agency to respond to that emergency and no later than 90 days after the termination of this state of emergency relating to public health, submit to the legislature under s. 13.172 (2) and to the governor a report on all of the following:

AB1-ASA1-AA1,176,14 a. The emergency powers used by the department of military affairs or its agents.

AB1-ASA1-AA1,176,16 b. The expenses incurred by the department of military affairs and its agents in acting under the state of emergency related to public health.".

AB1-ASA1-AA1,176,17 216. Page 177, line 2: after that line insert:

AB1-ASA1-AA1,176,18 " Section 343m. 177.01 (10) (a) 2. of the statutes is amended to read:

AB1-ASA1-AA1,176,21 177.01 (10) (a) 2. Credit balances, customer overpayments, gift certificates, security deposits, refunds, credit memos, unpaid wages, unused airline tickets and unidentified remittances.

AB1-ASA1-AA1, s. 343q Section 343q. 177.14 of the statutes is amended to read:

AB1-ASA1-AA1,177,2 177.14 Gift certificates and credit Credit memos. (1) A gift certificate or a credit memo issued in the ordinary course of the issuer's business that remains unclaimed by the owner for more than 5 years after becoming payable or distributable is presumed abandoned.

AB1-ASA1-AA1,177,6 (2) In the case of a gift certificate, the amount presumed abandoned is the price paid by the purchaser of the gift certificate. In the case of a credit memo, the The amount presumed abandoned under sub. (1) is the amount credited to the recipient of the credit memo.".