Amendment ASA1-AB75

AB75-ASA1,1357,18 a. A written protocol to perform research.

AB75-ASA1,1357,20 b. The researcher's professional qualifications to perform the proposed research.

AB75-ASA1,1357,24 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.

AB75-ASA1,1357,25 d. Any other information requested by the department.

AB75-ASA1,1358,2 2. The proposed research is for the purpose of studying cancer, cancer prevention, or cancer control.

AB75-ASA1, s. 2556 Section 2556. 255.04 (6) of the statutes is created to read:

AB75-ASA1,1358,5 255.04 (6) The department may charge a reasonable fee for disclosing information to a researcher under sub. (3) (c).

AB75-ASA1, s. 2557 Section 2557. 255.04 (7) of the statutes is created to read:

AB75-ASA1,1358,9 255.04 (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).

AB75-ASA1, s. 2558 Section 2558. 255.04 (8) of the statutes is created to read:

AB75-ASA1,1358,12 255.04 (8) No person to whom information is disclosed under sub. (3) (c) may do any of the following:

AB75-ASA1,1358,15 (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.

AB75-ASA1,1358,17 (b) Disclose the information to a person who is not connected with performance of the research.

AB75-ASA1,1358,19 (c) Reveal in the final research product information that may identify an individual whose information is disclosed under sub. (3) (c).

AB75-ASA1, s. 2559 Section 2559. 255.04 (9) of the statutes is created to read:

AB75-ASA1,1358,23 255.04 (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.

AB75-ASA1, s. 2560 Section 2560. 255.04 (10) of the statutes is created to read:

AB75-ASA1,1359,3 255.04 (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.

AB75-ASA1,1359,9 (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.

AB75-ASA1,1359,15 (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.

AB75-ASA1, s. 2561 Section 2561. 255.05 (2) of the statutes is amended to read:

AB75-ASA1,1359,22 255.05 (2) From the appropriation account under s. 20.435 (5) (1) (cc), the department shall allocate award up to $400,000 in each fiscal year to provide as grants to applying individuals, institutions or organizations for the conduct of projects on cancer control and prevention. Funds shall be awarded on a matching basis, under which, for each grant awarded, the department shall provide 50%, and the grantee 50%, of the total grant funding.

AB75-ASA1, s. 2562 Section 2562. 255.06 (2) (intro.) of the statutes is amended to read:

AB75-ASA1,1360,8 255.06 (2) (intro.) From the appropriation account under s. 20.435 (5) (1) (cb), the department shall administer a well-woman program to provide reimbursement for health care screenings, referrals, follow-ups, case management, and patient education provided to low-income, underinsured, and uninsured women. Reimbursement to service providers under this section shall be at the rate of reimbursement for identical services provided under medicare, except that, if projected costs under this section exceed the amounts appropriated under s. 20.435 (5) (1) (cb), the department shall modify services or reimbursement accordingly. Within this limitation, the department shall implement the well-woman program to do all of the following:

AB75-ASA1, s. 2563 Section 2563. 255.15 (3) (b) (intro.) of the statutes is amended to read:

AB75-ASA1,1360,11 255.15 (3) (b) (intro.) From the appropriation account under s. 20.435 (5) (1) (fm), the department may distribute award grants for any of the following:

AB75-ASA1, s. 2564 Section 2564. 255.15 (3) (bm) of the statutes is amended to read:

AB75-ASA1,1360,15 255.15 (3) (bm) From the appropriation account under s. 20.435 (5) (1) (fm), the department shall distribute $96,000 annually for programs to discourage use of smokeless tobacco.

AB75-ASA1, s. 2567 Section 2567. 255.35 (3) (a) of the statutes is amended to read:

AB75-ASA1,1360,25 255.35 (3) (a) The department shall implement a statewide poison control system, which shall provide poison control services that are available statewide, on a 24-hour per day and 365-day per year basis and shall provide poison information and education to health care professionals and the public. From the appropriation account under s. 20.435 (5) (1) (ds), the department shall, if the requirement under par. (b) is met, distribute total funding of not more than $425,000 in each fiscal year to supplement the operation of the system and to provide for the statewide collection and reporting of poison control data. The department may, but need not, distribute all of the funds in each fiscal year to a single poison control center.

AB75-ASA1, s. 2568 Section 2568. 256.04 (8) of the statutes is amended to read:

AB75-ASA1,1361,3 256.04 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (5) (1) (ch).

AB75-ASA1, s. 2570 Section 2570. 256.12 (2m) (a) of the statutes is amended to read:

AB75-ASA1,1361,9 256.12 (2m) (a) The department shall contract with a physician to direct the state emergency medical services program. The department may expend from the funding under the federal preventive health services project grant program under 42 USC 2476 under the appropriation account under s. 20.435 (1) (mc), $25,000 in each fiscal year for this purpose.

AB75-ASA1, s. 2571 Section 2571. 256.12 (4) (a) of the statutes is amended to read:

AB75-ASA1,1361,18 256.12 (4) (a) From the appropriation account under s. 20.435 (5) (1) (ch), the department shall annually distribute funds for ambulance service vehicles or vehicle equipment, emergency medical services supplies or equipment or emergency medical training for personnel to an ambulance service provider that is a public agency, a volunteer fire department or a nonprofit corporation, under a funding formula consisting of an identical base amount for each ambulance service provider plus a supplemental amount based on the population of the ambulance service provider's primary service or contract area, as established under s. 256.15 (5).

AB75-ASA1, s. 2572 Section 2572. 256.12 (5) (a) of the statutes is amended to read:

AB75-ASA1,1362,2 256.12 (5) (a) From the appropriation account under s. 20.435 (5) (1) (ch), the department shall annually distribute funds to ambulance service providers that are public agencies, volunteer fire departments, or nonprofit corporations to purchase the training required for licensure and renewal of licensure as an emergency medical technician - basic under s. 256.15 (6), and to pay for administration of the examination required for licensure or renewal of licensure as an emergency medical technician - basic under s. 256.15 (6) (a) 3. and (b) 1.

AB75-ASA1, s. 2572g Section 2572g. 256.15 (12) (a) of the statutes is amended to read:

AB75-ASA1,1362,13 256.15 (12) (a) All records made by an ambulance service provider, an emergency medical technician or a first responder in administering emergency care procedures to and handling and transporting sick, disabled or injured individuals shall be maintained as confidential patient health care records subject to ss. 146.81 to 146.84 and, if applicable, s. 252.15 (5) (a) (intro.), (6), (8) and (9). For the purposes of this paragraph, an ambulance service provider, an emergency medical technician or a first responder shall be considered to be a health care provider under s. 146.81 (1), if applicable. Nothing in this paragraph or ss. 146.81 to 146.84 permits disclosure to an ambulance service provider, an emergency medical technician or a first responder under s. 252.15 (5) (a), except under s. 252.15 (5) (a) 11.

AB75-ASA1, s. 2572h Section 2572h. 256.15 (12) (b) of the statutes is amended to read:

AB75-ASA1,1362,23 256.15 (12) (b) Notwithstanding par. (a) Notwithstanding s. 146.82, an ambulance service provider, who is an authority, as defined in s. 19.32 (1), may make available, to any requester, information contained on a record of an ambulance run which identifies the ambulance service provider and emergency medical technicians involved; date of the call; dispatch and response times of the ambulance; reason for the dispatch; location to which the ambulance was dispatched; destination, if any, to which the patient was transported by ambulance; and name, age and gender of the patient. No information disclosed under this paragraph may contain details of the medical history, condition or emergency treatment of any patient.

AB75-ASA1, s. 2573 Section 2573. 256.35 (3m) (em) of the statutes is created to read:

AB75-ASA1,1363,2 256.35 (3m) (em) Fund limitation. Except for grants under par. (d) or (e), the commission may not make any distribution from the wireless 911 fund to any person.

AB75-ASA1, s. 2573s Section 2573s. 281.01 (3e) of the statutes is created to read:

AB75-ASA1,1363,5 281.01 (3e) "Design-build construction process" has the meaning given in s. 200.47 (2) (f) 1.

AB75-ASA1, s. 2575 Section 2575. 281.16 (3) (e) of the statutes is amended to read:

AB75-ASA1,1363,22 281.16 (3) (e) An owner or operator of an agricultural facility or practice that is in existence before October 14, 1997, may not be required by this state or a municipality to comply with the performance standards, prohibitions, conservation practices or technical standards under this subsection unless cost-sharing is available, under s. 92.14 or 281.65 or from any other source, to the owner or operator. For the purposes of this paragraph, sub. (4) and ss. 92.07 (2), 92.105 (1), 92.15 (4) and 823.08 (3) (c) 2., the department of natural resources shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 281.65 and the department of agriculture, trade and consumer protection shall promulgate rules that specify criteria for determining whether cost-sharing is available under s. 92.14 or from any other source. The rules may not allow a determination that cost-sharing is available to meet local regulations under s. 92.07 (2), 92.105 (1) or 92.15 that are consistent with or that exceed the performance standards, prohibitions, conservation practices or technical standards under this subsection unless the cost-sharing is at least 70% of the cost of compliance or is from 70% to 90% of the cost of compliance in cases of economic hardship, as defined in the rules.

AB75-ASA1, s. 2576n Section 2576n. 281.33 (3) (title) of the statutes is amended to read:

AB75-ASA1,1363,25 281.33 (3) (title) Standards related to storm water and certain construction activities.

AB75-ASA1, s. 2576p Section 2576p. 281.33 (3m) (title) of the statutes is created to read:

AB75-ASA1,1364,3 281.33 (3m) (title) Erosion control related to construction of public buildings and buildings that are places of employment.

AB75-ASA1, s. 2577 Section 2577. 281.34 (3) of the statutes is renumbered 281.34 (3) (a).

AB75-ASA1, s. 2578 Section 2578. 281.34 (3) (b) and (c) of the statutes are created to read:

AB75-ASA1,1364,8 281.34 (3) (b) The department may appoint any person who is not an employee of the department as the department's agent to accept and process notifications and collect the fees under par. (a).

AB75-ASA1,1364,13 (c) Any person, including the department, who accepts and processes a well notification under par. (a) shall collect in addition to the fee under par. (a) a processing fee of 50 cents. An agent appointed under par. (b) may retain the processing fee to compensate the agent for the agent's services in accepting and processing the notification.

AB75-ASA1, s. 2578pb Section 2578pb. 281.346 (1m) of the statutes is repealed.

AB75-ASA1, s. 2578pd Section 2578pd. 281.346 (2) (e) 1. of the statutes is repealed.

AB75-ASA1, s. 2578pf Section 2578pf. 281.346 (2) (e) 1g. of the statutes is created to read:

AB75-ASA1,1364,19 281.346 (2) (e) 1g. The baseline for a withdrawal that before December 8, 2008, averaged 100,000 gallons per day or more in any 30-day period but to which subd. 1m. does not apply is the amount determined under sub. (4e).

AB75-ASA1, s. 2578ph Section 2578ph. 281.346 (2) (e) 1r. of the statutes is created to read:

AB75-ASA1,1364,22 281.346 (2) (e) 1r. The baseline for a withdrawal not covered by subd. 1. or 1g. is zero.

AB75-ASA1, s. 2578pj Section 2578pj. 281.346 (3) (a) of the statutes is renumbered 281.346 (3) (a) 1.

AB75-ASA1, s. 2578pL Section 2578pL. 281.346 (3) (a) 2. of the statutes is created to read:

AB75-ASA1,1365,5 281.346 (3) (a) 2. Any person who, on the effective date of this subdivision .... [LRB inserts date], has a water supply system with the capacity to make a withdrawal from the waters of this state averaging 100,000 gallons per day or more in any 30-day period and who has not registered the withdrawal under s. 281.344 (3) (a) shall register the withdrawal with the department.

AB75-ASA1, s. 2578pn Section 2578pn. 281.346 (4e) (title), (a), (b), (d) 1. and 3., (e), (f), (g) and (h) of the statutes are amended to read:

AB75-ASA1,1365,15 281.346 (4e) (title) Determining withdrawal amounts baselines for preexisting withdrawals with interim approvals. (a) Before issuing automatic notice of coverage under a general permit under sub. (4s) or an automatic individual permit under sub. (5) (c) for a withdrawal from the Great Lakes basin that is covered by an interim approval under s. 281.344 (5m) for which the department is required to issue automatic notice of coverage or an automatic individual permit, the department shall determine a withdrawal amount baseline for the withdrawal under this subsection.

AB75-ASA1,1365,20 (b) 1. Except as provided in subds. 2. and 3e. and par. (f), the department shall estimate the withdrawal amount baseline for a withdrawal based on the maximum hydraulic capacity of the most restrictive component in the water supply system used for the withdrawal as of the compact's effective date December 8, 2008, based on information available to the department.

AB75-ASA1,1365,25 2. Except as provided in subd. 3e., if the department has issued an approval under s. 30.12, 30.18, 281.34, or 281.41, or s. 281.17, 2001 stats., that is required for a withdrawal and the approval contains a limit on the amount of water that may be withdrawn, the department shall provide an estimate of the withdrawal amount baseline equal to the limit in the approval as of December 8, 2008.

AB75-ASA1,1366,6 3e. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the amount under subd. 1. for each of the water supply systems to which subd. 2. does not apply and shall determine the amount under subd. 2. for each of the water supply systems to which subd. 2. applies and shall provide an estimate of the withdrawal amount baseline that is equal to the sum of the amounts determined for each of the water supply systems.

AB75-ASA1,1366,8 (d) 1. The components of the water supply system used for the withdrawal as of December 8, 2008.

AB75-ASA1,1366,10 3. Plans for expanding the capacity of the water supply system submitted to the department no later than 2 years after June 11 before December 8, 2008.

AB75-ASA1,1366,14 (e) Except as provided in par. (f), the department shall determine the withdrawal amount baseline for a withdrawal based on the estimate under par. (b) and the department's evaluation of any information provided under par. (d). The department may not consider information provided by any other person.

AB75-ASA1,1366,23 (f) For a public water supply system that, on June 11, 2008, has approval under s. 281.41 to provide water from the Great Lakes basin for public water supply purposes outside of the Great Lakes basin and approval under s. 283.31 to return the associated wastewater to the Great Lakes basin, the department shall determine the withdrawal amount baseline to be the amount of water necessary to provide water for public water supply purposes in the service territory specified in the sewer service area provisions of the areawide water quality management plan under s. 283.83 approved by the department before December 31, 2007, based on the population and related service projections in those provisions.

AB75-ASA1,1367,3 (g) The department's determination of a withdrawal amount baseline under par. (e) or (f) is not subject to administrative review under ch. 227 except at the request of the person making the withdrawal.

AB75-ASA1,1367,8 (h) If 2 or more public water supply systems merge after the department determines their withdrawal amounts baselines under par. (e) and before the department issues the initial individual permits under sub. (5) (c) for the systems, the withdrawal amount baseline for the new system is the sum of the amounts determined under par. (e) for the individual systems.

AB75-ASA1, s. 2578pp Section 2578pp. 281.346 (4e) (i) of the statutes is repealed.

AB75-ASA1, s. 2578pr Section 2578pr. 281.346 (4g) of the statutes is created to read:

AB75-ASA1,1367,16 281.346 (4g) Determining withdrawal amounts for preexisting withdrawals. (a) Before issuing automatic notice of coverage under a general permit under sub. (4s) or an automatic individual permit under sub. (5) (c) for a withdrawal from the Great Lakes basin for which the department is required to issue automatic notice of coverage or an automatic individual permit, the department shall determine a withdrawal amount for the withdrawal under this subsection.

AB75-ASA1,1367,18 (b) Except as provided in par. (c), the withdrawal amount for a withdrawal under this subsection is the same as the baseline determined under sub. (4e).

AB75-ASA1,1367,24 (c) 1. Except as provided in subd. 3., if a person making a withdrawal has increased the amount of the withdrawal over the baseline before the department issues an automatic notice of coverage under a general permit under sub. (4s) or an automatic individual permit under sub. (5) (c), the department shall specify a withdrawal amount that is, except as provided in subd. 2., equal to the smallest of the following amounts:

AB75-ASA1,1368,6 a. The maximum hydraulic capacity of the most restrictive component of the water supply system used for the withdrawal for which the person has approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., or, if an approval under one of those provisions is not required for the most restrictive component of the water supply system, the maximum hydraulic capacity of the most restrictive component in the water supply system used for the withdrawal.

AB75-ASA1,1368,8 b. If an approval under s. 30.12, 30.18, 281.34, or 281.41 or s. 281.17, 2001 stats., specifies a maximum amount of water that may be withdrawn, that amount.

AB75-ASA1,1368,12 2. If water is withdrawn through more than one water supply system to serve a facility, the department shall determine the smallest amount under subd. 1. a. or b. for each of the water supply systems and shall specify a withdrawal amount that is equal to the sum of the amounts determined for each of the water supply systems.

AB75-ASA1,1368,16 3. For a withdrawal for the purpose of providing water to a public water supply system that is covered by an approved water supply service area plan under s. 281.348, the department shall specify a withdrawal amount that is equal to the withdrawal amount in the water supply service area plan.

AB75-ASA1, s. 2578pt Section 2578pt. 281.346 (4m) of the statutes is amended to read:

AB75-ASA1,1368,23 281.346 (4m) Water use permits required in the Great Lakes basin. A Beginning on December 8, 2011, a person may not make a withdrawal from the Great Lakes basin that averages 100,000 gallons per day or more in any 30-day period unless the withdrawal is covered under a general permit issued under sub. (4s) or s. 281.344 (4s), an individual permit issued under sub. (5) or s. 281.344 (5), or an interim approval under s. 281.344 (5m), except as provided in sub. (4s) (bm).

AB75-ASA1, s. 2578pv Section 2578pv. 281.346 (4s) (a) 1. of the statutes is amended to read:

AB75-ASA1,1369,2 281.346 (4s) (a) 1. Reference to the database of withdrawal amounts under par. (i).