AB778: Bill Text

AB778, s. 6 Section 6. 40.07 (1) (intro.) of the statutes is renumbered 40.07 (1) and amended to read:

AB778,5,11 40.07 (1) Notwithstanding any other statutory provision, individual personal information in the records of the department is not a public record and shall not be disclosed, unless: except as provided in this section.

AB778, s. 7 Section 7. 40.07 (1) (a) to (d) of the statutes are renumbered 40.07 (1m) (a) to (d).

AB778, s. 8 Section 8. 40.07 (1m) (intro.) of the statutes is created to read:

AB778,5,17 40.07 (1m) (intro.) Individual personal information in the records of the department, other than individual medical records identified in sub. (2), may be disclosed by the department only under one of the following conditions:

AB778, s. 9 Section 9. 40.07 (2) of the statutes is renumbered 40.07 (2) (intro.) and amended to read:

AB778,5,22 40.07 (2) (intro.) Notwithstanding sub. (1) medical Individual medical records, as defined by rule, may be disclosed by the department only when under one of the following conditions:

AB778,5,24 (a) When a disability application or health insurance claim denial is appealed or under s. 40.03 (1) (j), (6) (i), (7) (f) or (8) (f) or 40.65 (2) (b) 3.

AB778,6,4 (b) Under a court order or an order of a hearing examiner duly obtained after notice to the department and upon a showing to the court or the hearing examiner that the information is relevant to a pending court or administrative action but medical information.

AB778,6,7 (2m) Individual medical records, as defined by rule, gathered for any one of the benefit plans established under this chapter may be used by any other benefit plan established under this chapter.

AB778, s. 10 Section 10. 40.07 (2) (c) of the statutes is created to read:

AB778,6,16 40.07 (2) (c) Upon written request, to the employer of a person who applies for a disability annuity or duty disability benefit or who files a claim for income continuation insurance under subch. V or, if the person is a state employe, to the department of administration for the purpose of managing the state employes' worker's compensation program under s. 16.865 (4). Any attached documentation submitted to the department pursuant to a specific application for benefits related to a disability for which the employer is requested by the department to make a certification may also be disclosed to the employer under this paragraph.

AB778, s. 11 Section 11. 40.07 (2) (d) of the statutes is created to read:

AB778,6,23 40.07 (2) (d) Upon written request, to a participant or his or her duly authorized representative, but only if the individual medical records are those of the participant and if the participant's or his or her duly authorized representative's access to the individual medical records is not otherwise restricted by law. The department may only disclose individual medical records under this paragraph that are specifically identified in the written request.

AB778, s. 12 Section 12. 44.01 (1) of the statutes is amended to read:

AB778,7,4 44.01 (1) The historical society shall constitute a body politic and corporate by bear the name of "The State Historical Society of Wisconsin," and shall possess all the powers necessary to accomplish the objects and perform the duties prescribed by law. The historical society shall be an official agency and the trustee of the state.

AB778, s. 13 Section 13. 45.356 (4) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB778,7,13 45.356 (4) The department may execute necessary instruments, collect interest and principal, compromise indebtedness, sue and be sued, post bonds and write off indebtedness that it considers uncollectible. If a loan under this section is secured by a real estate mortgage, the department may exercise the rights of owners and mortgagees generally and the rights and powers set forth in s. 45.72. The department shall pay all interest and principal repaid on the loan into the veterans trust fund.

AB778, s. 14 Section 14. 45.72 (4) of the statutes is repealed.

AB778, s. 15 Section 15. 46.017 of the statutes is repealed.

AB778, s. 16 Section 16. 101.02 (2) of the statutes is repealed.

AB778, s. 17 Section 17. 195.03 (28) of the statutes is amended to read:

AB778,7,20 195.03 (28) Title. The office may sue and be sued in that name, and may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

AB778, s. 18 Section 18. 196.02 (12) of the statutes is amended to read:

AB778,7,25 196.02 (12) (title) Sue; be sued Participation in proceedings. The commission may sue and be sued in its own name, and may confer with or participate in any proceedings before any regulatory agency of any other state or of the federal government.

AB778, s. 19 Section 19. 301.04 of the statutes is repealed.

AB778, s. 20 Section 20. 775.01 of the statutes is amended to read:

AB778,8,10 775.01 Actions against state; bond. Upon the refusal of the legislature to allow a claim against the state, if suit is authorized to be brought against the state, the claimant may commence an action against the state. The action may be commenced by service as provided in s. 801.11 (3) and by filing with the clerk of court a bond, not exceeding $1,000, with 2 or more sureties, to be approved by the attorney general, to the effect that the claimant will indemnify the state against all costs that may accrue in such action and pay to the clerk of court all costs, in case the claimant fails to obtain judgment against the state.

AB778, s. 21 Section 21. 893.82 (2) (d) of the statutes is renumbered 893.82 (2) (d) 1.

AB778, s. 22 Section 22. 893.82 (2) (d) 2. of the statutes is created to read:

AB778,8,15 893.82 (2) (d) 2. "State agent" does not include an independent contractor, even if the independent contractor is entitled to the common law defense of official or discretionary immunity.

AB778, s. 23 Section 23. 893.82 (6) of the statutes is amended to read:

AB778,9,2 893.82 (6) The total amount recoverable by any person or entity for any damages, injuries or death in any civil action or civil proceeding against a state officer, employe or agent, or against a nonprofit corporation operating a museum under a lease agreement with the state historical society, including any such action or proceeding based on contribution or indemnification, shall not exceed $250,000. The amount recoverable by any person for loss of society and companionship in any civil action or civil proceeding for wrongful death brought against a state officer, employe or agent, or against a nonprofit corporation operating a museum under a lease agreement with the state historical society, shall not exceed the amount specified under s. 895.04 (4). No punitive damages may be allowed or recoverable in any such action.

AB778, s. 24 Section 24. 893.82 (7) of the statutes is amended to read:

AB778,9,7 893.82 (7) With respect to a state officer, employe or agent described in sub. (2) (d) 3 1. c., this section applies to an event causing the injury, damage or death giving rise to an action against the state officer, employe or agent, which occurs before, on or after April 25, 1990.

AB778, s. 25 Section 25. 895.45 of the statutes is created to read:

AB778,9,14 895.45 Sovereign immunity waived only by express provision. The sovereign immunity of this state from suit is waived and consent to suit is given only in those cases where suit is expressly authorized by law or is authorized by the constitution to be brought against the state. No powers, functions or source of funding provided by law to any instrumentality of this state which is engaged in a governmental function constitute such a waiver.

AB778, s. 26 Section 26. 895.46 (1) (at) of the statutes is created to read:

AB778,9,25 895.46 (1) (at) Any public officer, employe or agent who is required to travel as part of his or her official duties or within the scope of his or her agency, shall be considered, for purposes of this section, to be carrying out his or her official duties and within the scope of his or her agency or employment while traveling on official business, except when he or she deviates from the trip for a private or personal purpose. Any act reasonably necessary for or incidental to living shall not be regarded as a deviation for a private or personal purpose. A person's travel to pick up or return an employer-owned motor vehicle used in official travel shall be considered, for purposes of this section, to be carrying out the person's official duties and within the scope of his or agency or employment.

AB778, s. 27 Section 27. Nonstatutory provisions.

AB778,10,5 (1) Legislative intent; sovereign immunity. Section 895.45 of the statutes, as created by this act, is enacted pursuant to the authority of the legislature under article IV, section 27, of the constitution and is intended as a restatement of existing law.

AB778, s. 28 Section 28. Initial applicability.

AB778,10,9 (1) Actions against state officials, employes or agents. The treatment of section 895.46 (1) (at) of the statutes first applies to actions commenced on the effective date of this subsection.

AB778,10,10 (End)