Amendment SSA1-SB44

SB44-SSA1, s. 2095f Section 2095f. 153.50 (3) (d) of the statutes is amended to read:

SB44-SSA1,833,10 153.50 (3) (d) Require that a purchaser of data under this chapter sign and have notarized the data use agreement of the department or of the entity specified in par. (c).

SB44-SSA1, s. 2095g Section 2095g. 153.50 (4) (a) 1. of the statutes is renumbered 153.50 (4) (a) 1. a.

SB44-SSA1, s. 2095h Section 2095h. 153.50 (4) (a) 1. b. of the statutes is created to read:

SB44-SSA1,833,16 153.50 (4) (a) 1. b. An agent of the entity under contract under s. 153.05 (2m) (a) who is responsible for the patient-identifiable data of the entity, in order to store the data and ensure the accuracy of the information in the database of the entity.

SB44-SSA1, s. 2095i Section 2095i. 153.50 (4) (a) 2. of the statutes is amended to read:

SB44-SSA1,833,23 153.50 (4) (a) 2. A health care provider that is not a hospital or ambulatory surgery center or the agent of such a health care provider, to ensure the accuracy of the information in the database of the department, or a health care provider that is a hospital or ambulatory surgery center or the agent of such a health care provider, to ensure the accuracy of the information in the database of the entity under contract under s. 153.05 (2m) (a).

SB44-SSA1, s. 2095j Section 2095j. 153.50 (4) (a) 3. of the statutes is amended to read:

SB44-SSA1,834,3 153.50 (4) (a) 3. The department, for purposes of epidemiological investigation or, with respect to information from health care providers that are not hospitals or ambulatory surgery centers, to eliminate the need for duplicative databases.

SB44-SSA1, s. 2095k Section 2095k. 153.50 (4) (a) 4. of the statutes is amended to read:

SB44-SSA1,834,7 153.50 (4) (a) 4. An entity agency or organization that is required by federal or state statute to obtain patient-identifiable data for purposes of epidemiological investigation or to eliminate the need for duplicative databases.

SB44-SSA1, s. 2095L Section 2095L. 153.50 (5) (a) (intro.) of the statutes is amended to read:

SB44-SSA1,834,13 153.50 (5) (a) (intro.) The department or an entity that is under contract under s. 153.05 (2m) (a) may not release or provide access to patient-identifiable data to a person authorized under sub. (4) (a) unless the authorized person requests the department or entity, in writing, to release the patient-identifiable data. The request shall include all of the following:

SB44-SSA1, s. 2095m Section 2095m. 153.50 (5) (a) 4. (intro.) of the statutes is amended to read:

SB44-SSA1,834,17 153.50 (5) (a) 4. (intro.) For an entity agency or organization that is authorized under sub. (4) (a) 4. to receive or have access to patient-identifiable data, evidence, in writing, of all of the following:

SB44-SSA1, s. 2095n Section 2095n. 153.50 (5) (b) (intro.) of the statutes is amended to read:

SB44-SSA1,834,22 153.50 (5) (b) (intro.) Upon receipt of a request under par. (a), the department or entity under contract under s. 153.05 (2m) (a), whichever is appropriate, shall, as soon as practicable, comply with the request or notify the requester, in writing, of all of the following:

SB44-SSA1, s. 2095p Section 2095p. 153.50 (5) (b) 1. of the statutes is amended to read:

SB44-SSA1,834,25 153.50 (5) (b) 1. That the department or entity is denying the request in whole or in part.

SB44-SSA1, s. 2095q Section 2095q. 153.50 (6) (a) of the statutes is amended to read:

SB44-SSA1,835,4 153.50 (6) (a) The department or entity under contract under s. 153.05 (2m) (a) may not require a health care provider submitting health care information under this chapter to include the patient's name, street address or social security number.

SB44-SSA1, s. 2095rc Section 2095rc. 153.60 (1) of the statutes is amended to read:

SB44-SSA1,836,3 153.60 (1) The department shall, by the first October 1 after the commencement of each fiscal year, estimate the total amount of expenditures under this chapter for the department and the board for that fiscal year for data collection, database development and maintenance, generation of data files and standard reports, orientation and training provided under s. 153.05 (9) (a) and maintaining the board. The department shall assess the estimated total amount for that fiscal year less the estimated total amount to be received for purposes of administration of this chapter under s. 20.435 (4) (hi) during the fiscal year, the unencumbered balance of the amount received for purposes of administration of this chapter under s. 20.435 (4) (hi) from the prior fiscal year and the amount in the appropriation account under s. 20.435 (1) (dg), 1997 stats., for the fiscal year, to health care providers, other than hospitals and ambulatory surgery centers, who are in a class of health care providers from whom the department collects data under this chapter in a manner specified by the department by rule. The department shall obtain approval from the board for the amounts of assessments for health care providers other than hospitals and ambulatory surgery centers. The department shall work together with the department of regulation and licensing to develop a mechanism for collecting assessments from health care providers other than hospitals and ambulatory surgery centers. No health care provider that is not a facility may be assessed under this subsection an amount that exceeds $75 per fiscal year. Each hospital shall pay the assessment on or before December 1. All payments of assessments shall be deposited in credited to the appropriation under s. 20.435 (4) (hg).

SB44-SSA1, s. 2095rd Section 2095rd. 153.65 of the statutes is renumbered 153.65 (1) and amended to read:

SB44-SSA1,836,12 153.65 (1) The department may, but is not required to, provide, upon request from a person, a data compilation or a special report based on the information collected by the department. The department shall establish user fees for the provision of these compilations or reports, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. All moneys collected under this section subsection shall be credited to the appropriation under s. 20.435 (4) (hi).

SB44-SSA1, s. 2095re Section 2095re. 153.65 (2) of the statutes is created to read:

SB44-SSA1,836,23 153.65 (2) Beginning January 1, 2004, unless the entity under contract under s. 153.05 (2m) (a) otherwise agrees and except as provided in s. 153.46 (6), the entity has the exclusive right to use and to provide for a fee, upon request from a person, a data compilation or a special report based on the information concerning hospitals and ambulatory surgery centers that is collected by the entity or provided by the department to the entity. Subject to approval by the group specified under s. 153.01 (4j) (b), the entity shall establish reasonable and necessary user fees for the provision of a compilation or report, payable by the requester, which shall be sufficient to fund the actual necessary and direct cost of the compilation or report. The entity may retain all user fees paid under this subsection.

SB44-SSA1, s. 2095rf Section 2095rf. 153.75 (1) (a) of the statutes is amended to read:

SB44-SSA1,837,3 153.75 (1) (a) Providing procedures, for information submitted by health care providers who are not hospitals or ambulatory surgery centers, to ensure the protection of patient confidentiality under s. 153.50.

SB44-SSA1, s. 2095rg Section 2095rg. 153.75 (1) (b) of the statutes is amended to read:

SB44-SSA1,837,7 153.75 (1) (b) Establishing procedures under which health care providers who are not hospitals or ambulatory surgery centers are permitted to review, verify and comment on information and include the comments with the information.

SB44-SSA1, s. 2095rh Section 2095rh. 153.75 (1) (L) of the statutes is repealed.

SB44-SSA1, s. 2095ri Section 2095ri. 153.75 (1) (m) of the statutes is amended to read:

SB44-SSA1,837,12 153.75 (1) (m) Specifying the classes of health care providers, other than hospitals and ambulatory surgery centers, from whom claims data and other health care information will be collected.

SB44-SSA1, s. 2095rj Section 2095rj. 153.75 (1) (n) of the statutes is amended to read:

SB44-SSA1,837,16 153.75 (1) (n) Specifying the uniform data set of health care information, as adjusted for case mix and severity, to be collected from health care providers other than hospitals and ambulatory surgery centers.

SB44-SSA1, s. 2095rk Section 2095rk. 153.75 (1) (p) of the statutes is amended to read:

SB44-SSA1,837,22 153.75 (1) (p) Specifying the methods for using and disseminating health care data in order for health care providers other than hospitals and ambulatory surgery centers to provide health care that is effective and economically efficient and for consumers and purchasers to make informed decisions in selecting health care plans and health care providers.

SB44-SSA1, s. 2095rL Section 2095rL. 153.75 (1) (q) of the statutes is amended to read:

SB44-SSA1,837,25 153.75 (1) (q) Specifying the information to be provided by the department in the consumer guide under s. 153.21 (1).

SB44-SSA1, s. 2095rm Section 2095rm. 153.75 (1) (r) of the statutes is amended to read:

SB44-SSA1,838,3 153.75 (1) (r) Specifying the standard reports that will be issued by the department in addition to those required in ss. 153.20 and s. 153.21 (1).

SB44-SSA1, s. 2095rn Section 2095rn. 153.75 (1) (t) of the statutes is amended to read:

SB44-SSA1,838,7 153.75 (1) (t) Establishing standards for determining under s. 153.05 (13) (a) if a requirement under s. 153.05 (1) (a), (5) (a), or (8) (a) is burdensome for a health care provider other than a hospital or ambulatory surgery center.

SB44-SSA1, s. 2095rp Section 2095rp. 153.75 (1) (u) of the statutes is amended to read:

SB44-SSA1,838,11 153.75 (1) (u) Specifying the methods for adjusting health care information obtained from health care providers other than hospitals and ambulatory surgery centers for case mix and severity.

SB44-SSA1, s. 2095rt Section 2095rt. 153.75 (2) (a) of the statutes is amended to read:

SB44-SSA1,838,15 153.75 (2) (a) Exempting certain classes of health care providers that are not hospitals or ambulatory surgery centers from providing all or portions of the data required under this chapter.

SB44-SSA1, s. 2099 Section 2099. 165.30 (3) of the statutes is amended to read:

SB44-SSA1,838,19 165.30 (3) Collection proceeds. (a) All obligations collected by the department of justice under this section shall be paid to the state treasurer secretary of administration and deposited in the appropriate fund.

SB44-SSA1,838,24 (b) From the amount of obligations collected by the department of justice under this section, the treasurer secretary of administration shall credit an amount equal to the reasonable and necessary expenses incurred by the department of justice related to collecting those obligations to the appropriation account under s. 20.455 (1) (gs).

SB44-SSA1, s. 2099f Section 2099f. 165.60 of the statutes is amended to read:

SB44-SSA1,839,6 165.60 Law enforcement. The department of justice is authorized to enforce ss. 101.123 (2), (5), and (8), 944.30, 944.31, 944.33, 944.34, 945.02 (2), 945.03 (1m), and 945.04 (1m) and is invested with the powers conferred by law upon sheriffs and municipal police officers in the performance of those duties. This section does not deprive or relieve sheriffs, constables, and other local police officers of the power and duty to enforce those sections, and those officers shall likewise enforce those sections.

SB44-SSA1, s. 2099j Section 2099j. 165.70 (1) (b) of the statutes is amended to read:

SB44-SSA1,839,11 165.70 (1) (b) Enforce Except as provided in sub. (1m), enforce chs. 945 and 961 and ss. 940.20 (3), 940.201, 941.25 to 941.27, 943.01 (2) (c), 943.011, 943.27, 943.28, 943.30, 944.30, 944.31, 944.32, 944.33, 944.34, 946.65, 947.02 (3) and (4), 948.075, and 948.08.

SB44-SSA1, s. 2099p Section 2099p. 165.70 (1m) of the statutes is created to read:

SB44-SSA1,839,14 165.70 (1m) The department may not investigate violations of or otherwise enforce s. 945.03 (2m) or 945.04 (2m).

SB44-SSA1, s. 2099v Section 2099v. 165.70 (3) of the statutes is amended to read:

SB44-SSA1,839,21 165.70 (3) It is the intention of this section to give the attorney general responsibility for devising programs to control crime statewide in nature, importance or influence, drugs and narcotics abuse, commercial gambling other than what is described in s. 945.03 (2m) or 945.04 (2m), prostitution, and arson. Nothing herein shall deprive or relieve local peace officers of the power and duty to enforce those provisions enumerated in sub. (1).

SB44-SSA1, s. 2100 Section 2100. 165.755 (1) (a) of the statutes is amended to read:

SB44-SSA1,840,2 165.755 (1) (a) Except as provided in par. (b), a court shall impose a crime laboratories and drug law enforcement assessment of $5 $7 if the court imposes a sentence, places a person on probation or imposes a forfeiture for a violation of state law or for a violation of a municipal or county ordinance.

SB44-SSA1, s. 2101 Section 2101. 165.755 (3) of the statutes is amended to read:

SB44-SSA1,840,8 165.755 (3) Except as provided in sub. (4), after the court determines the amount due under sub. (1) (a), the clerk of the court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the state treasurer secretary of administration under s. 59.25 (3) (f) 2.

SB44-SSA1, s. 2102 Section 2102. 165.755 (4) of the statutes is amended to read:

SB44-SSA1,840,13 165.755 (4) If a municipal court imposes a forfeiture, after determining the amount due under sub. (1) (a) the court shall collect and transmit such amount to the treasurer of the county, city, town, or village, and that treasurer shall make payment to the state treasurer secretary of administration as provided in s. 66.0114 (1) (bm).

SB44-SSA1, s. 2103 Section 2103. 165.755 (5) of the statutes is amended to read:

SB44-SSA1,840,20 165.755 (5) If any deposit of bail is made for a noncriminal offense to which sub. (1) (a) applies, the person making the deposit shall also deposit a sufficient amount to include the assessment prescribed in sub. (1) (a) for forfeited bail. If bail is forfeited, the amount of the assessment under sub. (1) (a) shall be transmitted monthly to the state treasurer secretary of administration under this section. If bail is returned, the assessment shall also be returned.

SB44-SSA1, s. 2104 Section 2104. 165.755 (6) of the statutes is amended to read:

SB44-SSA1,841,2 165.755 (6) If an inmate in a state prison or a person sentenced to a state prison has not paid the crime laboratories and drug law enforcement assessment under sub. (1) (a), the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the state treasurer secretary of administration.

SB44-SSA1, s. 2105 Section 2105. 165.755 (7) of the statutes is amended to read:

SB44-SSA1,841,6 165.755 (7) All moneys collected from crime laboratories and drug law enforcement assessments under this section shall be deposited by the state treasurer secretary of administration and used as specified in s. 20.455 (2) (kd) and (Lm).

SB44-SSA1, s. 2106 Section 2106. 165.82 (1) (intro.) of the statutes is amended to read:

SB44-SSA1,841,10 165.82 (1) (intro.) Notwithstanding s. 19.35 (3), the department of justice shall impose the following fees, plus any surcharge required under sub. (1m), for criminal history searches for purposes unrelated to criminal justice or to s. 175.35:

SB44-SSA1, s. 2107 Section 2107. 165.82 (1) (ar) of the statutes is amended to read:

SB44-SSA1,841,13 165.82 (1) (ar) For each fingerprint card record check requested by a governmental agency or nonprofit organization, $10 $15.

SB44-SSA1, s. 2108 Section 2108. 165.82 (1m) of the statutes is created to read:

SB44-SSA1,841,17 165.82 (1m) The department of justice shall impose a $5 surcharge if a person requests a paper copy of the results of a criminal history search requested under sub. (1).

SB44-SSA1, s. 2111 Section 2111. 166.03 (1) (b) 7. of the statutes is repealed.

SB44-SSA1, s. 2111g Section 2111g. 166.03 (2) (a) 7. of the statutes is created to read:

SB44-SSA1,842,6 166.03 (2) (a) 7. Apply for contracts and receive and expend any moneys or grant from the federal government related to homeland security. Before the adjutant general expends any moneys or grant under this subdivision, the adjutant general shall notify the joint committee on finance in writing of the proposed action. If the cochairpersons of the committee do not notify the adjutant general that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure within 14 working days after the date of the adjutant general's notification, the expenditure may be completed. If, within 14 working days after the date of the adjutant general's notification, the cochairpersons of the committee notify the adjutant general that the committee has scheduled a meeting for the purpose of reviewing the proposed expenditure, the expenditure may be completed under this subdivision only upon approval of the committee.

SB44-SSA1, s. 2111j Section 2111j. 166.03 (2) (a) 8. of the statutes is created to read:

SB44-SSA1,842,9 166.03 (2) (a) 8. Administer the federal homeland security programs using the funds received under s. 20.465 (3) (mg).

SB44-SSA1, s. 2112 Section 2112. 166.03 (2) (b) 9. of the statutes is repealed.

SB44-SSA1, s. 2113 Section 2113. 166.03 (8) (f) of the statutes is amended to read:

SB44-SSA1,842,18 166.03 (8) (f) If the total liability for worker's compensation benefits under par. (d), indemnification under par. (e), and loss from destruction of equipment under sub. (9), incurred in any calendar year exceeds $1 per capita of the sponsor's population, the state shall reimburse the sponsor for the excess, except that if any additional costs are incurred in a future calendar year for an injury that occurred in the calendar year the state shall pay all of those additional costs. Payment shall be made from the appropriation in s. 20.465 (3) (a) on certificate of the adjutant general.

SB44-SSA1, s. 2114 Section 2114. 167.31 (5) (c) of the statutes is amended to read:

SB44-SSA1,842,25 167.31 (5) (c) If any deposit is made for an offense to which this subsection applies, the person making the deposit shall also deposit a sufficient amount to include the weapons assessment under this subsection. If the deposit is forfeited, the amount of the weapons assessment shall be transmitted to the state treasurer secretary of administration under par. (d). If the deposit is returned, the amount of the weapons assessment shall also be returned.

SB44-SSA1, s. 2115 Section 2115. 167.31 (5) (d) of the statutes is amended to read:

SB44-SSA1,843,7 167.31 (5) (d) The clerk of the circuit court shall collect and transmit to the county treasurer the weapons assessment as required under s. 59.40 (2) (m). The county treasurer shall then pay the state treasurer as provided in s. 59.25 (3) (f) 2. The state treasurer secretary of administration shall deposit all amounts received under this paragraph in the conservation fund to be appropriated under s. 20.370 (3) (mu).