AB100: Bill Text

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:

AB100,989,24 281.59 (3e) (b) 1. Equal to $90,000,000 $136,600,000 during the 2003-05 2005-07 biennium.

AB100,989,25 3. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.

AB100, s. 2158 Section 2158. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:

AB100,990,3 281.59 (3m) (b) 1. Equal to $4,000,000 $3,300,000 during the 2003-05 2005-07 biennium.

AB100,990,4 2. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.

AB100, s. 2159 Section 2159. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:

AB100,990,7 281.59 (3s) (b) 1. Equal to $12,800,000 $13,500,000 during the 2003-05 2005-07 biennium.

AB100,990,8 2. Equal to $1,000 for any biennium after the 2003-05 2005-07 biennium.

AB100, s. 2160 Section 2160. 281.61 (1) (b) of the statutes is amended to read:

AB100,990,13 281.61 (1) (b) "Market interest rate" means the interest at the effective rate of a revenue obligation issued by this state to fund a loan or portion of a loan for a clean water fund program project under s. 281.58 has the meaning given in s. 281.59 (1) (b).

AB100, s. 2161 Section 2161. 281.75 (title) of the statutes is amended to read:

AB100,990,15 281.75 (title) Compensation for well contamination and abandonment.

AB100, s. 2162 Section 2162. 281.75 (1) (h) of the statutes is amended to read:

AB100,990,19 281.75 (1) (h) "Well," if not followed by the words, "subject to abandonment," means an excavation or opening in the ground made by boring, drilling or driving for the purpose of obtaining a supply of groundwater. "Well" does not include dug wells.

AB100, s. 2163 Section 2163. 281.75 (1) (i) of the statutes is created to read:

AB100,990,23 281.75 (1) (i) "Well subject to abandonment" means a well that is required to be abandoned under s. NR 812.26 (2) (a), Wis. Adm. Code, or that the department may require to be abandoned under s. NR 812.26 (2) (b), Wis. Adm. Code.

AB100, s. 2164 Section 2164. 281.75 (2) (e) of the statutes is created to read:

AB100,991,2 281.75 (2) (e) Establish requirements for the filling and sealing of wells subject to abandonment.

AB100, s. 2165 Section 2165. 281.75 (3) (a) of the statutes is renumbered 281.75 (3) and amended to read:

AB100,991,7 281.75 (3) Wells for which a claim may be submitted; sunset date. A claim may be submitted for a private water supply which, at the time of submitting the claim, is contaminated or for a well subject to abandonment.

AB100, s. 2166 Section 2166. 281.75 (3) (b) of the statutes is repealed.

AB100, s. 2167 Section 2167. 281.75 (4) (a) of the statutes is amended to read:

AB100,991,13 281.75 (4) (a) Except as provided under par. (b), a landowner or lessee of property on which is located a contaminated private water supply or a well subject to abandonment, or the spouse, dependent, heir, assign or legal representative of the landowner or lessee, may submit a claim under this section.

AB100, s. 2168 Section 2168. 281.75 (4m) (a) of the statutes is amended to read:

AB100,991,18 281.75 (4m) (a) In order to be eligible for an award under this section, the annual family income of the landowner or lessee of property on which is located a contaminated water supply or a well subject to abandonment may not exceed $65,000.

AB100, s. 2169 Section 2169. 281.75 (5) (b) 1. of the statutes is amended to read:

AB100,991,23 281.75 (5) (b) 1. Test results which show that the private water supply is contaminated, as defined under sub. (1) (b) 1. or 2., or information to show that the private water supply is contaminated as defined under sub. (1) (b) 3., or information to show that the well is a well subject to abandonment;

AB100, s. 2170 Section 2170. 281.75 (5) (b) 2. of the statutes is amended to read:

AB100,992,3 281.75 (5) (b) 2. Any If the claim is based on a contaminated private water supply, any information available to the claimant regarding possible sources of contamination of the private water supply; and

AB100, s. 2171 Section 2171. 281.75 (5) (d) 1. of the statutes is amended to read:

AB100,992,7 281.75 (5) (d) 1. Enter the property where the private water supply or well subject to abandonment is located during normal business hours and conduct any investigations or tests necessary to verify the claim; and

AB100, s. 2172 Section 2172. 281.75 (5) (d) 2. of the statutes is amended to read:

AB100,992,12 281.75 (5) (d) 2. Cooperate If the claim is based on a contaminated private water supply, cooperate with the state in any administrative, civil or criminal action involving a person or activity alleged to have caused the private water supply to become contaminated.

AB100, s. 2173 Section 2173. 281.75 (5) (e) of the statutes is amended to read:

AB100,992,16 281.75 (5) (e) The department shall consolidate claims if more than one claimant submits a claim for the same private water supply or for the same well subject to abandonment.

AB100, s. 2174 Section 2174. 281.75 (7) (a) of the statutes is amended to read:

AB100,992,23 281.75 (7) (a) If the department finds that the claimant meets all the requirements of this section and rules promulgated under this section and that the private water supply is contaminated or that the well is a well subject to abandonment, the department shall issue an award. The award may not pay more than 75% of the eligible costs. The award may not pay any portion of eligible costs in excess of $12,000.

AB100, s. 2175 Section 2175. 281.75 (7) (c) 1. of the statutes is amended to read:

AB100,993,2 281.75 (7) (c) 1. The If the claim is based on a contaminated private water supply, the cost of obtaining an alternate water supply;

AB100, s. 2176 Section 2176. 281.75 (7) (c) 2. (intro.) of the statutes is amended to read:

AB100,993,5 281.75 (7) (c) 2. (intro.) The If the claim is based on a contaminated private water supply, the cost of any one of the following:

AB100, s. 2177 Section 2177. 281.75 (7) (c) 3. of the statutes is amended to read:

AB100,993,9 281.75 (7) (c) 3. The cost of abandoning a contaminated private water supply, if a new private water supply is constructed or, if connection to a public or private water supply is provided, or if the claim is based on a well subject to abandonment;

AB100, s. 2178 Section 2178. 281.75 (7) (c) 4. of the statutes is amended to read: