Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,211,22 1. Business and professional services.

AB1-ASA1-AA1,211,23 2. Data processing.

AB1-ASA1-AA1,211,24 3. Courier and messenger services.

AB1-ASA1-AA1,211,25 4. Credit-related activities.

AB1-ASA1-AA1,212,1 5. Consumer services.

AB1-ASA1-AA1,212,2 6. Real estate-related services, including real estate brokerage services.

AB1-ASA1-AA1,212,3 7. Insurance and related services, other than insurance underwriting.

AB1-ASA1-AA1,212,4 8. Securities brokerage.

AB1-ASA1-AA1,212,5 9. Investment advice.

AB1-ASA1-AA1,212,6 10. Securities and bond underwriting.

AB1-ASA1-AA1,212,7 11. Mutual fund activities.

AB1-ASA1-AA1,212,8 12. Financial consulting.

AB1-ASA1-AA1,212,9 13. Tax planning and preparation.

AB1-ASA1-AA1,212,10 14. Community development and charitable activities.

AB1-ASA1-AA1,212,11 15. Debt cancellation contracts.

AB1-ASA1-AA1,212,13 16. Any activities that are reasonably related or incident to activities under subds. 1. to 15., as determined by rule of the division under par. (b).

AB1-ASA1-AA1,212,23 (b) An activity that is authorized by statute or regulation for financial institutions to engage in as of the effective date of this paragraph .... [revisor inserts date], is an activity that is reasonably related to or incident to the purposes of a universal bank. An activity permitted under the Bank Holding Company Act is an activity that is reasonably related to or incident to the purposes of a universal bank. The division may, by rule, expand the list of activities under par. (a) 1. to 15. that are reasonably related or incident to the purposes of a universal bank and, by rule, may establish which activities under par. (a) 16. are reasonably related or incident to the activities under par. (a) 1. to 15. Any activity approved by rule of the division under this paragraph shall be authorized for all universal banks.

AB1-ASA1-AA1,213,3 (3) Notice requirement. A universal bank shall give 60 days' prior written notice to the division of the universal bank's intention to engage in an activity under this section.

AB1-ASA1-AA1,213,11 (4) Standards for denial. The division may deny the authority of a universal bank to engage in an activity under this section, other than those activities described in sub. (2) (a) 1. to 15., if the division determines that the activity is not an activity reasonably related or incident to the purposes of a universal bank. The division may deny the authority of a universal bank to engage in an activity under this section if the division determines that the universal bank is not well-capitalized, that the universal bank is the subject of an enforcement action, or that the universal bank does not have satisfactory management expertise for the proposed activity.

AB1-ASA1-AA1,213,15 (5) Insurance intermediation. A universal bank, or an officer or salaried employee of a universal bank, may obtain a license as an insurance intermediary, if otherwise qualified. A universal bank may not, directly or indirectly through a subsidiary, engage in the business of underwriting insurance.

AB1-ASA1-AA1,213,17 (6) Other activities approved by the division. A universal bank may engage in any other activity that is approved by rule of the division.

AB1-ASA1-AA1,213,21 (7) Activities provided through a subsidiary. A universal bank may engage in an activity under this section, directly or indirectly through a subsidiary, unless the division determines that the activity must be conducted through a subsidiary with appropriate safeguards to limit the risk exposure of the universal bank.

AB1-ASA1-AA1,214,2 (8) Limitations on investments through subsidiaries. The amount of the investment in any one subsidiary that engages in an activity under this section may not exceed 20% of capital or, if approved by the division, a higher percentage authorized by the division. The aggregate investment in all subsidiaries that engage in an activity under this subsection may not exceed 50% of capital or, if approved by the division, a higher percentage authorized by the division.

AB1-ASA1-AA1,214,5 (9) Ownership of subsidiaries. A subsidiary that engages in an activity under this section may be owned jointly, with one or more other financial institutions, individuals, or entities.

AB1-ASA1-AA1,214,7 222.0415 Trust powers. Subject to rules of the division, a universal bank may exercise trust powers in accordance with s. 221.0316.".

AB1-ASA1-AA1,214,8 224. Page 180, line 20: after that line insert:

AB1-ASA1-AA1,214,9 " Section 359j. 227.245 of the statutes is created to read:

AB1-ASA1-AA1,214,13 227.245 Permanent rules; exemptions. (1) Promulgation of universal banking rules. Except as provided in subs. (2) and (3), the division of banking may promulgate a rule under s. 222.0413 (2) (b) without complying with the notice, hearing, and publication procedures under this chapter.

AB1-ASA1-AA1,214,19 (2) Filing and publication. The division of banking shall file a rule described under sub. (1) as provided in s. 227.20. At the time that the rule is filed, the division of banking shall mail a copy of the rule to the chief clerk of each house and to each member of the legislature, shall publish in the official state newspaper a class 1 notice under ch. 985 containing a copy of the rule, and shall take any other step it considers feasible to make the rule known to persons who will be affected by the rule.

AB1-ASA1-AA1,214,21 (3) Effective date. A rule described under sub. (1) takes effect as provided under s. 227.22.".

AB1-ASA1-AA1,214,22 225. Page 180, line 20: after that line insert:

AB1-ASA1-AA1,214,23 " Section 362m. 230.08 (2) (e) 8. of the statutes is amended to read:

AB1-ASA1-AA1,214,24 230.08 (2) (e) 8. Natural resources — 7 6.".

AB1-ASA1-AA1,215,1 226. Page 180, line 25: after that line insert:

AB1-ASA1-AA1,215,2 " Section 365c. 230.08 (2) (yr) of the statutes is repealed.".

AB1-ASA1-AA1,215,3 227. Page 181, line 15: after that line insert:

AB1-ASA1-AA1,215,4 " Section 365j. 231.01 (4m) of the statutes is amended to read:

AB1-ASA1-AA1,215,9 231.01 (4m) "Educational facility" means a facility used for education by a regionally accredited, private, postsecondary educational institution that is described in section 501 (c) (3) of the Internal Revenue Code, as defined in s. 71.22 (4), and that is exempt from federal taxation under section 501 (a) of the Internal Revenue Code.".

AB1-ASA1-AA1,215,10 228. Page 182, line 9: after that line insert:

AB1-ASA1-AA1,215,11 " Section 367p. 250.01 (6g) of the statutes is created to read:

AB1-ASA1-AA1,215,14 250.01 (6g) "Public health authority" means the department, if the governor declares under s. 166.03 (1) (b) 1. a state of emergency related to public health and designates the department as the lead state agency to respond to that emergency.

AB1-ASA1-AA1, s. 367q Section 367q. 250.01 (6r) of the statutes is created to read:

AB1-ASA1-AA1,215,16 250.01 (6r) "Public health emergency" has the meaning given in s. 166.02 (7).

AB1-ASA1-AA1, s. 367r Section 367r. 250.03 (3) of the statutes is created to read:

AB1-ASA1-AA1,215,23 250.03 (3) (a) No later than 90 days after a state of emergency relating to public health is declared and the department is 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, the department shall submit to the legislature under s. 13.172 (2) and to the governor a report on all of the following:

AB1-ASA1-AA1,215,24 1. The emergency powers used by the public health authority or its agents.

AB1-ASA1-AA1,216,2 2. The expenses incurred by the public health authority and its agents in acting under the state of emergency related to public health.

AB1-ASA1-AA1, s. 367s Section 367s. 250.03 (3) (b) of the statutes is created to read:

AB1-ASA1-AA1,216,9 250.03 (3) (b) Biennially, beginning on July 1, 2002, after first consulting with the adjutant general, local health departments, health care providers, as defined in s. 146.81 (1), and law enforcement agencies, as defined in s. 165.77 (1) (b), the department shall submit to the legislature under s. 13.172 (2) and to the governor a report on the preparedness of the public health system to address public health emergencies.

AB1-ASA1-AA1, s. 367t Section 367t. 250.042 of the statutes is created to read:

AB1-ASA1-AA1,216,21 250.042 Powers and duties of the department as public health authority. (1) If the governor declares a state of emergency related to public health under s. 166.03 (1) (b) 1. and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. During the period of the state of emergency, the secretary may designate a local health department as an agent of the department and confer upon the local health department, acting under that agency, the powers and duties of the public health authority. The department may, from the appropriation under s. 20.435 (1) (e), reimburse a local health department for reasonable and necessary expenses in acting as an agent of the department if designated under this subsection.

AB1-ASA1-AA1,216,22 (2) As the public health authority, the department may do any of the following:

AB1-ASA1-AA1,217,2 (a) From the appropriation under s. 20.435 (1) (e), purchase, store, or distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that the department determines are advisable to control a public health emergency.

AB1-ASA1-AA1,217,3 (b) Act as specified in s. 252.041.

AB1-ASA1-AA1,217,5 (3) (a) As the public health authority, the department shall inform state residents of all of the following:

AB1-ASA1-AA1,217,7 1. When a state of emergency related to public health has been declared or is terminated.

AB1-ASA1-AA1,217,8 2. How to protect themselves from a public health emergency.

AB1-ASA1-AA1,217,10 3. What actions the public health authority is taking to control a public health emergency.

AB1-ASA1-AA1,217,15 (b) The public health authority shall provide the information specified in par. (a) by all available and reasonable means calculated to inform the general public, including reasonable efforts to make the information accessible to individuals with disabilities and to provide the information in the primary languages of individuals who do not understand English.

AB1-ASA1-AA1,217,18 (c) As the public health authority, the department, to the extent possible, shall consult with local health departments, whether or not designated as agents of the department, and with individual health care providers.".

AB1-ASA1-AA1,217,19 229. Page 182, line 10: after that line insert:

AB1-ASA1-AA1,217,20 " Section 368d. 251.05 (3) (e) of the statutes is created to read:

AB1-ASA1-AA1,217,22 251.05 (3) (e) Act as agent of the department, if designated by the secretary under s. 250.042 (1).

AB1-ASA1-AA1, s. 368f Section 368f. 252.02 (title) of the statutes is amended to read:

AB1-ASA1-AA1,217,24 252.02 (title) Powers and duties of department.

AB1-ASA1-AA1, s. 368h Section 368h. 252.02 (7) of the statutes is created to read:

AB1-ASA1-AA1,218,4 252.02 (7) The department shall promulgate rules that specify medical conditions treatable by prescriptions or nonprescription drug products for which pharmacists and pharmacies must report under s. 440.142 (1).

AB1-ASA1-AA1, s. 368j Section 368j. 252.041 of the statutes is created to read:

AB1-ASA1-AA1,218,10 252.041 Compulsory vaccination during a state of emergency. (1) Except as provided in sub. (2), during the period under which the department is designated as the lead state agency, as specified in s. 250.042 (2), the department, as the public health authority, may do all of the following as necessary to address a public health emergency:

AB1-ASA1-AA1,218,13 (a) Order any individual to receive a vaccination unless the vaccination is reasonably likely to lead to serious harm to the individual or unless the individual, for reasons of religion or conscience, refuses to obtain the vaccination.

AB1-ASA1-AA1,218,15 (b) Isolate or quarantine, under s. 252.06, any individual who is unable or unwilling for reasons specified under sub. (1) to receive vaccination under par. (a).

AB1-ASA1-AA1,218,17 (2) The department shall promulgate rules that specify circumstances, if any, under which vaccination may not be performed on an individual.

AB1-ASA1-AA1, s. 368L Section 368L. 252.05 (1) of the statutes is amended to read:

AB1-ASA1-AA1,219,2 252.05 (1) Any person licensed, permitted, registered or certified under ch. 441 or 448 knowing or having health care provider, as defined in s. 146.81 (1), who knows or has reason to know believe that a person treated or visited by him or her has a communicable disease, or having a communicable disease, has died, shall report the appearance of the communicable disease or the death to the local health officer. The local health officer shall report this information to the department or shall direct the person reporting to report to the department. Any person directed to report shall submit this information to the department.

AB1-ASA1-AA1, s. 368n Section 368n. 252.06 (1) of the statutes is amended to read:

AB1-ASA1-AA1,219,8 252.06 (1) The department or the local health officer acting on behalf of the department may require isolation of the patient a patient or of an individual under s. 252.041 (1) (b), quarantine of contacts, concurrent and terminal disinfection, or modified forms of these procedures as may be necessary and which are as are determined by the department by rule.

AB1-ASA1-AA1, s. 368p Section 368p. 252.06 (4) of the statutes is renumbered 252.06 (4) (a).

AB1-ASA1-AA1, s. 368r Section 368r. 252.06 (4) (b) of the statutes is created to read:

AB1-ASA1-AA1,219,11 252.06 (4) (b) If s. 250.042 (1) applies, all of the following apply:

AB1-ASA1-AA1,219,13 1. No person, other than a person authorized by the public health authority or agent of the public health authority, may enter an isolation or quarantine premises.

AB1-ASA1-AA1,219,15 2. A violation of subd. 1. is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.

AB1-ASA1-AA1,219,18 3. Any person, whether authorized under subd. 1. or not, who enters an isolation or quarantine premises may be subject to isolation or quarantine under this section.

AB1-ASA1-AA1, s. 368t Section 368t. 252.06 (10) (c) of the statutes is created to read:

AB1-ASA1-AA1,219,22 252.06 (10) (c) The expense of providing a reasonable means of communication for a person who is quarantined outside his or her home during a state of emergency related to public health shall be paid under either of the following, as appropriate:

AB1-ASA1-AA1,219,24 1. If the governor designates the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.435 (1) (e).

AB1-ASA1-AA1,220,2 2. If the governor does not designate the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.465 (3) (e).".

AB1-ASA1-AA1,220,3 230. Page 182, line 10: delete that line and substitute:

AB1-ASA1-AA1,220,4 " Section 368m. 250.15 (2) (a) of the statutes is repealed.

AB1-ASA1-AA1, s. 368n Section 368n. 250.15 (2) (c) of the statutes is repealed.".