AB100: Bill Text

AB100,979,1 9. Department of revenue.

AB100,979,2 10. Department of transportation.

AB100,979,3 11. Department of workforce development.

AB100,979,4 12. Office of the commissioner of insurance.

AB100, s. 2109 Section 2109. 230.08 (2) (x) of the statutes is amended to read:

AB100,979,7 230.08 (2) (x) The executive director of the waste facility siting board, unless the board chooses to appoint the executive director under the classified service.

AB100, s. 2110 Section 2110. 230.12 (7m) of the statutes is amended to read:

AB100,979,14 230.12 (7m) Pay adjustment filing requirements. Except as provided in the rules of the director and in the compensation plan, pay increases shall be made only on the dates prescribed under sub. (8). Appointing authorities shall at such times each year as specified by the secretary director file with the director and with the secretary of administration a list of employees showing their then existing pay rates and their proposed new pay rates.

AB100, s. 2111 Section 2111. 230.45 (3) of the statutes is amended to read:

AB100,979,21 230.45 (3) The commission shall promulgate rules establishing a schedule of filing fees to be paid by any person who files an appeal under sub. (1) (c) or (e) or s. 230.44 (1) (a) or (b) with the commission on or after the effective date of the rules promulgated under this subsection. Fees paid under this subsection shall be deposited in the general fund as general purpose revenue - earned credited to the appropriation account under s. 20.425 (1) (i).

AB100, s. 2112 Section 2112. 230.85 (3) (b) of the statutes is amended to read:

AB100,980,10 230.85 (3) (b) If, after hearing, the division of equal rights finds that the respondent did not engage in or threaten a retaliatory action it shall order the complaint dismissed. The division of equal rights shall order the employee's appointing authority to insert a copy of the findings and orders into the employee's personnel file and, if the respondent is a natural person, order the respondent's appointing authority to insert such a copy into the respondent's personnel file. If the division of equal rights finds by unanimous vote that the employee filed a frivolous complaint it may order payment of the respondent's reasonable actual attorney fees and actual costs. Payment may be assessed against either the employee or the employee's attorney, or assessed so that the employee and the employee's attorney each pay a portion. To find a complaint frivolous the division of equal rights must find that either s. 814.025 (3) (a) or (b) applies or that both s. 814.025 (3) (a) and (b) apply.

AB100, s. 2113 Section 2113. 230.89 (1) of the statutes is renumbered 230.89.

AB100, s. 2114 Section 2114. 230.89 (2) of the statutes is repealed.

AB100, s. 2115 Section 2115. 231.01 (3m) (a) of the statutes is amended to read:

AB100,980,16 231.01 (3m) (a) Holds a license under s. 48.65 49.98, is certified under s. 48.651 49.156, is provisionally licensed under s. 48.69 49.99, or is established or contracted for under s. 120.13 (14).

AB100, s. 2116 Section 2116. 231.03 (intro.) of the statutes is amended to read:

AB100,980,21 231.03 Powers. (intro.) The authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. In addition to all other powers granted by this chapter, subject to s. 231.035 the authority may:

AB100, s. 2117 Section 2117. 231.035 of the statutes is created to read:

AB100,981,3 231.035 Health care quality and patient safety board approval. Beginning on the effective date of this section .... [revisor inserts date], the authority may not provide any financial assistance to a health facility, hospital, or participating health institution unless the health facility, hospital, or participating health institution demonstrates to the health care quality and patient safety board that it is making progress to improve medical information systems technology.

AB100, s. 2118 Section 2118. 234.01 (4n) (a) 3m. e. of the statutes is amended to read:

AB100,981,8 234.01 (4n) (a) 3m. e. The facility is located in a targeted area, as determined by the authority after considering the factors set out in s. 560.605 (2m) (a) to (h) 560.605 (2m) (c), 2003 stats., s. 560.605 (2m) (d), 2003 stats., s. 560.605 (2m) (e), 2003 stats., and s.560.605 (2m) (a), (b), and (f) to (h).

AB100, s. 2119 Section 2119. 237.15 of the statutes is repealed.

AB100, s. 2120 Section 2120. 250.041 (1) (a) of the statutes is repealed.

AB100, s. 2121 Section 2121. 250.05 (title) of the statutes is renumbered 440.70 (title).

AB100, s. 2122 Section 2122. 250.05 (1) of the statutes is renumbered 440.70 (1).

AB100, s. 2123 Section 2123. 250.05 (2) of the statutes is renumbered 440.70 (2).

AB100, s. 2124 Section 2124. 250.05 (3) of the statutes is renumbered 440.70 (3) and amended to read:

AB100,981,19 440.70 (3) Sanitarians; employment or contractual services. Any agency of the state may employ or contract for the services of sanitarians, registered under this section, who shall enforce the public health statutes under chs. 250 to 255 or rules promulgated under those statutes.

AB100, s. 2125 Section 2125. 250.05 (5) of the statutes is renumbered 440.70 (5) and amended to read:

AB100,982,2 440.70 (5) Registration. Except as provided in sub. (8m) and s. 250.041 s. 440.12 or 440.13, the department, upon application on forms prescribed by it and payment of the prescribed fee, shall register as a sanitarian any person who has presented evidence satisfactory to the department that standards and qualifications of the department, as established by rule, have been met.

AB100, s. 2126 Section 2126. 250.05 (6) of the statutes is renumbered 440.70 (6) and amended to read:

AB100,982,15 440.70 (6) Fees: renewal of registration; delinquency and reinstatement. A fee fixed by rule of the department shall accompany the application under sub. (5) and, beginning January 1, 1988, a biennial fee of $25 shall be paid by every registered sanitarian who desires to continue registration. The amounts of the fees may be adjusted by the department by rule. All certificates of registration shall expire on December 31 in each odd-numbered year. Except as provided in sub. (8m) and s. 250.041, the department may renew registrations upon application made after January 1 of each even-numbered year if it is satisfied that the applicant has good cause for not making application in December of the immediately preceding year and upon payment of the biennial fee and any additional fees prescribed by the department).

AB100, s. 2127 Section 2127. 250.05 (7) of the statutes is renumbered 440.70 (7).

AB100, s. 2128 Section 2128. 250.05 (8) of the statutes is renumbered 440.70 (8) and amended to read:

AB100,982,24 440.70 (8) Revocation of registration. The department may, after a hearing held in conformance with ch. 227, except as provided in sub. (8m) (e), revoke or, deny, suspend, or limit under this section subchapter the registration of any sanitarian, or reprimand the sanitarian, for practice of fraud or deceit in obtaining the registration or any gross professional negligence unprofessional conduct, incompetence, or misconduct professional negligence.

AB100, s. 2129 Section 2129. 250.05 (8m) of the statutes is repealed.

AB100, s. 2130 Section 2130. 250.05 (9) of the statutes is repealed.

AB100, s. 2131 Section 2131. 250.10 of the statutes is renumbered 250.10 (intro.) and amended to read:

AB100,983,5 250.10 Grant Grants for dental and oral health services. (intro.) From the appropriation under s. 20.435 (5) (de), the:

AB100,983,13 (1) The department shall provide funding in each fiscal year to the Marquette University School of Dentistry for clinical education of Marquette University School of Dentistry students through the provision of dental services by the students and faculty of the Marquette University School of Dentistry in underserved areas and to underserved populations in the state, as determined by the department in conjunction with the Marquette University School of Dentistry; to inmates of correctional centers in Milwaukee County; and in clinics in the city of Milwaukee. Beginning July 1, 2000, the.

AB100,983,17 (2) The department shall also distribute in each fiscal year to qualified applicants grants totaling $25,000 for fluoride supplements, $25,000 for a fluoride mouth-rinse program, and $60,000 $120,000 for a school-based dental sealant program.

AB100, s. 2132 Section 2132. 250.10 (3) of the statutes is created to read:

AB100,983,20 250.10 (3) The department may provide funding to technical college district boards to provide oral health services.

AB100, s. 2133 Section 2133. 252.12 (2) (a) 8. of the statutes is amended to read:

AB100,984,7 252.12 (2) (a) 8. `Life care and early intervention services.' The department shall award not more than $1,994,900 $2,569,900 in fiscal year 2001-02 2005-06 and not more than $2,069,900 in each fiscal year thereafter in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $74,000 in each year from the appropriation under s. 20.435 (7) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under s. 20.435 (5) (am).

AB100, s. 2134 Section 2134. 254.15 (1) of the statutes is amended to read:

AB100,984,21 254.15 (1) Develop and implement a comprehensive statewide lead poisoning or lead exposure prevention and treatment program that includes lead poisoning or lead exposure prevention grants under s. 254.151; any childhood lead poisoning screening requirement under rules promulgated under ss. 254.158 and 254.162; any requirements regarding care coordination and follow-up for children with lead poisoning or lead exposure required under rules promulgated under s. 254.164; departmental responses to reports of lead poisoning or lead exposure under s. 254.166; any lead investigation requirements under rules promulgated under ss. 254.167; any lead inspection requirements under rules promulgated under 254.168; any lead hazard reduction requirements under rules promulgated under s. 254.172; certification, accreditation and approval requirements under ss. 254.176 and 254.178; any certification requirements and procedures under rules promulgated under s. 254.179; and any fees imposed under s. 254.181.

AB100, s. 2135 Section 2135. 254.162 (1) (c) of the statutes is amended to read:

AB100,984,25 254.162 (1) (c) Day care providers certified under s. 48.651 49.156 and day care centers licensed under s. 48.65 49.98, provisionally licensed under s. 48.65 49.99, or established or contracted for under s. 120.13 (14).

AB100, s. 2136 Section 2136. 254.166 (title) of the statutes is amended to read:

AB100,985,3 254.166 (title) Departmental response Response to reports of lead poisoning or lead exposure.

AB100, s. 2137 Section 2137. 254.166 (2) (d) of the statutes is amended to read:

AB100,985,6 254.166 (2) (d) Notify the owner of the dwelling or premises of the presence of a lead hazard. The

AB100,986,4 (2m) If the department determines that a lead hazard is present in any dwelling or premises, the local health department shall and the department may issue an order that requires reduction or elimination of an imminent lead hazard within 5 days after the order's issuance and reduction or elimination of other lead hazards within 30 days after the order's issuance, except that, for orders that are issued between October 1 and May 1 and that relate only to exterior lead hazards that are not imminent lead hazards, the order may require elimination or reduction of the lead hazard no earlier than the June 1 immediately following the order's issuance. If the department agency that issued the order determines that the owner has good cause for not complying with the order within the 5-day or 30-day time period, the department the agency may extend the time period within which the owner is required to comply with the order. The failure to comply with the department's an order within the time prescribed or as extended by the department shall be prima facie evidence of negligence in any action brought to recover damages for injuries incurred after the time period expires. If an order to conduct lead hazard reduction is issued by the department or by a local health department and if the owner of the dwelling or premises complies with that order, there is a rebuttable presumption that the owner of the dwelling or premises has exercised reasonable care with respect to lead poisoning or lead exposure caused, after the order has been complied with, by lead hazards covered by the order, except that with respect to interim control activities the rebuttable presumption continues only for the period for which the interim control activity is reasonably expected to reduce or eliminate the lead hazard.

AB100, s. 2138 Section 2138. 254.166 (2) (e) of the statutes is renumbered 254.166 (2r) and amended to read:

AB100,986,11 254.166 (2r) If an order is issued under par. (d), The department may conduct or require a certified lead risk assessor or other person certified under s. 254.176 to conduct a lead investigation, a check of work completed, and dust tests for the presence of hazardous levels of lead to ensure compliance with the an order issued under sub. (2m).

AB100, s. 2139 Section 2139. 254.168 (4) of the statutes is amended to read:

AB100,986,13 254.168 (4) A day care provider certified under s. 48.651 49.156.

AB100, s. 2140 Section 2140. 254.168 (5) of the statutes is amended to read:

AB100,986,16 254.168 (5) A day care center licensed under s. 48.65 49.98, provisionally licensed under s. 48.65 49.99, or established or contracted for under s. 120.13 (14).

AB100, s. 2141 Section 2141. 254.171 of the statutes is repealed.

AB100, s. 2142 Section 2142. 254.173 (3) (c) 1. of the statutes, as affected by 1999 Wisconsin Act 113, is amended to read:

AB100,986,21 254.173 (3) (c) 1. The owner receives an order under s. 254.166 (2) (d) (2m) and fails to comply with the order.

AB100, s. 2143 Section 2143. 254.179 (1) (c) 2. (intro.) of the statutes is amended to read:

AB100,987,6 254.179 (1) (c) 2. (intro.) The standards limiting the length of validity of a certificate of lead-safe status, including the condition of a premises, dwelling, or unit of a dwelling, the type of lead hazard reduction activity that was performed, if any, and any other requirements that must be met to maintain certification, unless the certificate is earlier revoked because of erroneous issuance or because the premises, dwelling, or unit of the dwelling is not safe from lead-bearing paint hazards. The rules shall specify that the face of the certificate shall indicate the certificate's length of validity. The rules shall further specify that applications for certificates of lead-safe status for identical premises may be made only as follows:

AB100, s. 2144 Section 2144. 254.179 (1) (c) 2. a., b. and c. of the statutes are repealed.

AB100, s. 2145 Section 2145. 254.911 (1) of the statutes is amended to read:

AB100,987,9 254.911 (1) "Cigarette" has the meaning given in s. 139.30 (1) (1m).

AB100, s. 2146 Section 2146. 255.06 (2) (intro.) of the statutes is amended to read:

AB100,987,20 255.06 (2) Well-woman program. (intro.) From the appropriation under s. 20.435 (5) (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) (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:

AB100, s. 2147 Section 2147. 255.06 (2) (a) (intro.) of the statutes is renumbered 255.06 (2) (a) and amended to read:

AB100,988,7 255.06 (2) (a) Breast cancer screening services. Provide not more than $422,600 in each fiscal year as reimbursement for the provision of breast cancer screening services to women who are aged 40 years or older and whose income does not exceed 250 percent of the poverty line, by a hospital or organization that has a mammography unit available for use and that is selected by the department under procedures established by the department. Recipients of services under this paragraph are subject to a copayment, payable to the service provider, for which the department shall reduce reimbursement to the service provider, as follows: The department shall reduce reimbursement for a service provided under this paragraph by the amount of any applicable 3rd-party coverage.

AB100, s. 2148 Section 2148. 255.06 (2) (a) 1. to 3. of the statutes are repealed.

AB100, s. 2149 Section 2149. 255.06 (2) (e) of the statutes is amended to read:

AB100,988,13 255.06 (2) (e) Health care screening, referral, follow-up, case management, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, case management, and patient education to low-income, underinsured, and uninsured women.

AB100, s. 2150 Section 2150. 281.22 (2) (c) of the statutes is repealed.

AB100, s. 2151 Section 2151. 281.58 (1) (cg) of the statutes is amended to read:

AB100,988,19 281.58 (1) (cg) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by the state to fund a project loan or a portion of a project loan under the clean water fund program has the meaning given in s. 281.59 (1) (b).

AB100, s. 2152 Section 2152. 281.58 (2m) (e) of the statutes is amended to read:

AB100,988,25 281.58 (2m) (e) Inspect periodically clean water fund project construction to determine project compliance with construction plans and specifications approved by the department and the requirements of this section and s. 281.59 and, if applicable, of 33 USC 1251 to 1376 and 33 USC 1381 to 1387 and the regulations promulgated thereunder.

AB100, s. 2153 Section 2153. 281.58 (9) (ae) of the statutes is amended to read:

AB100,989,6 281.58 (9) (ae) A municipality that submits an application under par. (a) without design plans and specifications may obtain an initial determination of financial eligibility from the department of administration. The department of natural resources may not approve a municipality's application until the municipality submits approvable design plans and specifications.

AB100, s. 2154 Section 2154. 281.58 (15) (a) (intro.) and 1. of the statutes are consolidated, renumbered 281.58 (15) (a) and amended to read:

AB100,989,13 281.58 (15) (a) The department and the department of administration may, at the request of a municipality, issue a notice of financial assistance commitment to the municipality after all of the following occur: 1. The the department approves the municipality's application under sub. (9m) (a) and the department of administration has allocated subsidy for the municipality's project.

AB100, s. 2155 Section 2155. 281.58 (15) (a) 2. of the statutes is repealed.

AB100, s. 2156 Section 2156. 281.59 (1) (b) of the statutes is amended to read:

AB100,989,21 281.59 (1) (b) "Market interest rate" means the interest at the effective interest rate of a on a fixed-rate revenue obligation issued by the state to fund a loan or a portion of a loan for a project under the clean water fund program made under this section or, for a variable rate obligation, the effective interest rate that the department of administration determines would have been paid if the variable rate obligation had been sold at a fixed rate.

AB100, s. 2157 Section 2157. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read: