SB40: Bill Text

SB40,1392,12 (3) Annually by January 1, the Medical College of Wisconsin, Inc., shall report to the appropriate standing committees of the legislature under s. 13.172 (3) and to the governor on the translational research projects it has conducted under sub. (2) in the previous fiscal year.

SB40, s. 3035 Section 3035. 252.04 (11) of the statutes is repealed.

SB40, s. 3036 Section 3036. 252.12 (2) (c) 1. (intro.) of the statutes is amended to read:

SB40,1392,18 252.12 (2) (c) 1. (intro.) From the appropriation under s. 20.435 (3) (5) (md), the department shall award to applying nonprofit corporations or public agencies up to $75,000 in each fiscal year, on a competitive basis, as grants for services to prevent HIV. Criteria for award of the grants shall include all of the following:

SB40, s. 3037 Section 3037. 252.16 (1) (d) of the statutes is amended to read:

SB40,1392,22 252.16 (1) (d) "Medicare" has the meaning given in s. 49.498 (1) (f) means coverage under part A, part B, or part D of Title XVIII of the federal Social Security Act, 42 USC 1395 to 1395hhh.

SB40, s. 3038 Section 3038. 252.16 (4) (a) of the statutes is amended to read:

SB40,1393,11 252.16 (4) (a) Except as provided in pars. (b) and (d), if an individual satisfies sub. (3), the department shall pay the full amount of each premium payment for the individual's health insurance coverage under the group health plan or individual health policy under sub. (3) (dm), on or after the date on which the individual becomes eligible for a subsidy under sub. (3). Except as provided in pars. (b) and (d), the department shall pay the full amount of each premium payment regardless of whether the individual's health insurance coverage under sub. (3) (dm) includes coverage of the individual's dependents. Except as provided in par. (b), the department shall terminate the payments under this section when the individual's health insurance coverage ceases or when the individual no longer satisfies sub. (3), whichever occurs first. The department may not make payments under this section for premiums for medicare, except for premiums for coverage for part D of Title XVIII of the federal Social Security Act, 42 USC 1395 to 1395hhh.

SB40, s. 3039 Section 3039. 252.241 (1m) of the statutes is amended to read:

SB40,1393,19 252.241 (1m) If an individual who applies for or to renew a license under sub. (1) does not have a social security number, the individual, as a condition of obtaining the license, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A license issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 3040 Section 3040. 253.06 (title) of the statutes is renumbered 49.17 (title).

SB40, s. 3041 Section 3041. 253.06 (1) of the statutes is renumbered 49.17 (1).

SB40, s. 3042 Section 3042. 253.06 (2) of the statutes is renumbered 49.17 (2) and amended to read:

SB40,1394,8 49.17 (2) Use of funds. From the appropriation under s. 20.435 (5) 20.437 (2) (em), the department shall supplement the provision of supplemental foods, nutrition education, and other services, including nutritional counseling, to low-income women, infants, and children who meet the eligibility criteria under the federal special supplemental food program for women, infants, and children authorized under 42 USC 1786. To the extent that funds are available under this section and to the extent that funds are available under 42 USC 1786, the department shall provide the supplemental food, nutrition education , and other services authorized under this section and shall administer that provision in every county. The department may enter into contracts for this purpose.

SB40, s. 3043 Section 3043. 253.06 (3) of the statutes is renumbered 49.17 (3).

SB40, s. 3044 Section 3044. 253.06 (3m) of the statutes is renumbered 49.17 (3m).

SB40, s. 3045 Section 3045. 253.06 (4) of the statutes is renumbered 49.17 (4).

SB40, s. 3046 Section 3046. 253.06 (5) (title) of the statutes is renumbered 49.17 (5) (title).

SB40, s. 3047 Section 3047. 253.06 (5) (a) of the statutes is renumbered 49.17 (5) (a).

SB40, s. 3048 Section 3048. 253.06 (5) (b) of the statutes is renumbered 49.17 (5) (b).

SB40, s. 3049 Section 3049. 253.06 (5) (c) of the statutes is renumbered 49.17 (5) (c).

SB40, s. 3050 Section 3050. 253.06 (5) (d) of the statutes is renumbered 49.17 (5) (d).

SB40, s. 3051 Section 3051. 253.06 (5) (e) of the statutes is renumbered 49.17 (5) (e) and amended to read:

SB40,1395,5 49.17 (5) (e) The suspension or termination of authorization of a vendor or eligibility of a participant shall be effective beginning on the 15th day after receipt of the notice of suspension or termination. All forfeitures, recoupments, and enforcement assessments shall be paid to the department within 15 days after receipt of notice of assessment or, if the forfeiture, recoupment, or enforcement assessment is contested under sub. (6), within 10 days after receipt of the final decision after exhaustion of administrative review, unless the final decision is adverse to the department or unless the final decision is appealed and the decision is stayed by court order under sub. (7). The department shall remit all forfeitures paid to the secretary of administration for deposit in the school fund. The department shall deposit all enforcement assessments in the appropriation under s. 20.435 (1) 20.437 (2) (gr).

SB40, s. 3052 Section 3052. 253.06 (5) (f) of the statutes is renumbered 49.17 (5) (f).

SB40, s. 3053 Section 3053. 253.06 (6) of the statutes is renumbered 49.17 (6).

SB40, s. 3054 Section 3054. 253.06 (7) of the statutes is renumbered 49.17 (7).

SB40, s. 3055 Section 3055. 253.06 (8) of the statutes is renumbered 49.17 (8).

SB40, s. 3056 Section 3056. 253.10 (3) (d) 1. of the statutes is amended to read:

SB40,1396,19 253.10 (3) (d) 1. Geographically indexed materials that are designed to inform a woman about public and private agencies, including adoption agencies, and services that are available to provide information on family planning, as defined in s. 253.07 (1) (a), including natural family planning information, to provide ultrasound imaging services, to assist her if she has received a diagnosis that her unborn child has a disability or if her pregnancy is the result of sexual assault or incest and to assist her through pregnancy, upon childbirth and while the child is dependent. The materials shall include a comprehensive list of the agencies available, a description of the services that they offer and a description of the manner in which they may be contacted, including telephone numbers and addresses, or, at the option of the department, the materials shall include a toll-free, 24-hour telephone number that may be called to obtain an oral listing of available agencies and services in the locality of the caller and a description of the services that the agencies offer and the manner in which they may be contacted. The materials shall provide information on the availability of governmentally funded programs that serve pregnant women and children. Services identified for the woman shall include medical assistance for pregnant women and children under s. 49.47 (4) (am) and 49.471, the availability of family or medical leave under s. 103.10, the Wisconsin works program under ss. 49.141 to 49.161, child care services, child support laws and programs and the credit for expenses for household and dependent care and services necessary for gainful employment under section 21 of the internal revenue code. The materials shall state that it is unlawful to perform an abortion for which consent has been coerced, that any physician who performs or induces an abortion without obtaining the woman's voluntary and informed consent is liable to her for damages in a civil action and is subject to a civil penalty, that the father of a child is liable for assistance in the support of the child, even in instances in which the father has offered to pay for an abortion, and that adoptive parents may pay the costs of prenatal care, childbirth and neonatal care. The materials shall include information, for a woman whose pregnancy is the result of sexual assault or incest, on legal protections available to the woman and her child if she wishes to oppose establishment of paternity or to terminate the father's parental rights. The materials shall state that fetal ultrasound imaging and auscultation of fetal heart tone services are obtainable by pregnant women who wish to use them and shall describe the services.

SB40, s. 3057 Section 3057. 253.115 of the statutes is repealed.

SB40, s. 3058 Section 3058. 253.12 (4) (d) of the statutes is repealed.

SB40, s. 3059 Section 3059 . 253.15 (2) of the statutes is amended to read:

SB40,1397,20 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 46.515 48.983 (4) (b) 1. or 2. and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

SB40, s. 3060 Section 3060 . 253.15 (2) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1398,21 253.15 (2) Informational materials. The board shall purchase or prepare or arrange with a nonprofit organization to prepare printed and audiovisual materials relating to shaken baby syndrome and impacted babies. The materials shall include information regarding the identification and prevention of shaken baby syndrome and impacted babies, the grave effects of shaking or throwing on an infant or young child, appropriate ways to manage crying, fussing, or other causes that can lead a person to shake or throw an infant or young child, and a discussion of ways to reduce the risks that can lead a person to shake or throw an infant or young child. The materials shall be prepared in English, Spanish, and other languages spoken by a significant number of state residents, as determined by the board. The board shall make those written and audiovisual materials available to all hospitals, maternity homes, and nurse-midwives licensed under s. 441.15 that are required to provide or make available materials to parents under sub. (3) (a) 1., to the department and to all county departments and nonprofit organizations that are required to provide the materials to day care providers under sub. (4), and to all school boards and nonprofit organizations that are permitted to provide the materials to pupils in one of grades 5 to 8 and in one of grades 10 to 12 under sub. (5). The board shall also make those written materials available to all county departments and Indian tribes that are providing home visitation services under s. 48.983 (4) (b) 1. or 2. , to all organizations that are providing home visitation services under s. 48.984 (3) (a), and to all providers of prenatal, postpartum, and young child care coordination services under s. 49.45 (44). The board may make available the materials required under this subsection to be made available by making those materials available at no charge on the board's Internet site.

SB40, s. 3061 Section 3061 . 253.15 (6) of the statutes is amended to read:

SB40,1399,3 253.15 (6) Information to home visitation or care coordination services recipients. A county department or Indian tribe that is providing home visitation services under s. 46.515 48.983 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) shall provide to a recipient of those services, without cost, a copy of the written materials purchased or prepared under sub. (2) and an oral explanation of those materials.

SB40, s. 3062 Section 3062 . 253.15 (6) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1399,12 253.15 (6) Information to home visitation or care coordination services recipients. A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2., an organization that is providing home visitation services under s. 48.984 (3) (a), and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) shall provide to a recipient of those services, without cost, a copy of the written materials purchased or prepared under sub. (2) and an oral explanation of those materials.

SB40, s. 3063 Section 3063 . 253.15 (7) (e) of the statutes is amended to read:

SB40,1399,19 253.15 (7) (e) A county department or Indian tribe that is providing home visitation services under s. 46.515 48.983 (4) (b) 1. or 2. and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) is immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written materials and oral explanation specified in sub. (6).

SB40, s. 3064 Section 3064 . 253.15 (7) (e) of the statutes, as affected by 2007 Wisconsin Act .... (this act), is amended to read:

SB40,1400,3 253.15 (7) (e) A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2., an organization that is providing home visitation services under s. 48.984 (3) (a), and a provider of prenatal, postpartum, and young child care coordination services under s. 49.45 (44) is are immune from liability for any damages resulting from any good faith act or omission in providing or failing to provide the written materials and oral explanation specified in sub. (6).

SB40, s. 3065 Section 3065. 253.15 (8) of the statutes is amended to read:

SB40,1400,17 253.15 (8) Identification of shaken or impacted babies. The department of health and family services shall identify all infants and young children who have shaken baby syndrome or who are impacted babies and all infants and young children who have died as a result of being shaken or thrown by using the statewide automated child welfare information system established under s. 46.03 (7) (g) s. 46.03 (7g) 48.47 (7g) and child fatality information compiled by the department of justice. For each infant or young child so identified, the department of health and family services shall document the age, sex, and other characteristics of the infant or young child that are relevant to the prevention of shaken baby syndrome and impacted babies and, if known, the age, sex, employment status, and residence of the person who shook or threw the infant or young child, the relationship of that person to the infant or young child, and any other characteristics of that person that are relevant to the prevention of shaken baby syndrome and impacted babies.

SB40, s. 3066 Section 3066. 254.115 (1m) of the statutes is amended to read:

SB40,1401,2 254.115 (1m) If an individual who applies for or to renew a certification, certification card or permit under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification, certification card or permit, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development children and families. A certification, certification card or permit issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

SB40, s. 3067 Section 3067. 255.06 (4) of the statutes is created to read:

SB40,1401,6 255.06 (4) Information about women who receive services. The department shall obtain and share information about women who receive services that are reimbursed under this section as provided in s. 49.475.

SB40, s. 3068 Section 3068. 255.15 (3) (b) (intro.) of the statutes is amended to read:

SB40,1401,9 255.15 (3) (b) (intro.) From the appropriation accounts under s. 20.435 (5) (fm) and (r), the department may distribute grants for any of the following:

SB40, s. 3069 Section 3069. 255.15 (4) of the statutes is repealed.

SB40, s. 3070 Section 3070. 255.15 (5) of the statutes is amended to read:

SB40,1401,17 255.15 (5) Funds. The department may accept for any of the purposes under this section any donations and grants of money, equipment, supplies, materials and services from any person. The department shall include in the report under sub. (4) any donation or grant accepted by the department under this subsection, including the nature, amount and conditions, if any, of the donation or grant and the identity of the donor.

SB40, s. 3071 Section 3071. 281.01 (3e) of the statutes is created to read:

SB40,1401,20 281.01 (3e) "Design-build construction process" has the meaning given in s. 200.47 (2) (f) 1.

SB40, s. 3072 Section 3072. 281.41 (1) (a) of the statutes is amended to read:

SB40,1402,11 281.41 (1) (a) Except as provided under sub. (2), every owner within the time prescribed by the department, shall file with the department a certified copy of complete plans of a proposed system or plant or extension thereof, in scope and detail satisfactory to the department, and, if required, of existing systems or plants, and any other information concerning maintenance, operation and other details that the department requires, including the information specified under s. 281.35 (5) (a), if applicable. Owners contracting for a system, plant, or extension under the design-build construction process shall submit to the department performance objectives and preliminary designs in a form that is satisfactory to the department, rather than complete plans. Material changes with a statement of the reasons shall be likewise submitted. Before plans are drawn, a statement concerning the improvement may be made to the department and the department may, if requested, outline generally what it will require. Upon receipt of the plans for approval, the department or its authorized representative shall notify the owner of the date of receipt.

SB40, s. 3073 Section 3073. 281.58 (12) (a) 1. of the statutes is amended to read:

SB40,1402,15 281.58 (12) (a) 1. Except as modified under par. (f) and except as restricted by sub. (8) (b), (c), (f) or (h), the interest rate for projects specified in sub. (7) (b) 1. and 2. is 55% 70% of market interest rate.

SB40, s. 3074 Section 3074. 281.59 (3e) (b) 1. and 3. of the statutes are amended to read:

SB40,1402,18 281.59 (3e) (b) 1. Equal to $109,600,000 $99,100,000 during the 2005-07 2007-09 biennium.

SB40,1402,19 3. Equal to $1,000 for any biennium after the 2005-07 2007-09 biennium.

SB40, s. 3075 Section 3075. 281.59 (3m) (b) 1. and 2. of the statutes are amended to read:

SB40,1402,22 281.59 (3m) (b) 1. Equal to $2,700,000 $3,400,000 during the 2005-07 2007-09 biennium.

SB40,1402,23 2. Equal to $1,000 for any biennium after the 2005-07 2007-09 biennium.

SB40, s. 3076 Section 3076. 281.59 (3s) (b) 1. and 2. of the statutes are amended to read:

SB40,1403,2 281.59 (3s) (b) 1. Equal to $12,800,000 $16,700,000 during the 2005-07 2007-09 biennium.

SB40,1403,3 2. Equal to $1,000 for any biennium after the 2005-07 2007-09 biennium.

SB40, s. 3077 Section 3077. 281.59 (4) (b) of the statutes is amended to read:

SB40,1403,13 281.59 (4) (b) The department of administration may, under s. 18.561 or 18.562, deposit in a separate and distinct fund in the state treasury or in an account maintained by a trustee outside the state treasury, any portion of the revenues derived under s. 25.43 (1). The revenues deposited with a trustee outside the state treasury are the trustee's revenues in accordance with the agreement between this state and the trustee or in accordance with the resolution pledging the revenues to the repayment of revenue obligations issued under this subsection and to make payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection.

SB40, s. 3078 Section 3078. 281.59 (4) (f) of the statutes is amended to read:

SB40,1403,23 281.59 (4) (f) Revenue obligations may be contracted by the building commission when it reasonably appears to the building commission that all obligations incurred under this subsection, and all payments under an agreement or ancillary arrangement entered into under s. 18.55 (6) with respect to revenue obligations issued under this subsection, can be fully paid on a timely basis from moneys received or anticipated to be received. Revenue obligations issued under this subsection for the clean water fund program shall not exceed $1,615,955,000 $1,984,100,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

SB40, s. 3079 Section 3079. 281.65 (4e) of the statutes is created to read:

SB40,1404,4 281.65 (4e) (a) A governmental unit may request funding under this subsection for a project to implement best management practices for animal waste management at an animal feeding operation for which the department has issued a notice of discharge under ch. 283.

SB40,1404,6 (b) The department may grant a request under par. (a) if it determines that providing funding under this subsection is necessary to protect fish and aquatic life.

SB40,1404,7 (c) Subsection (8) (d) does not apply to a grant under this subsection.

SB40, s. 3080 Section 3080. 281.65 (8) (f) of the statutes is amended to read:

SB40,1404,14 281.65 (8) (f) A cost-sharing grant shall equal the percentage of the cost of implementing the best management practice that is determined by the governmental unit submitting the application under sub. (4c) (a) or (4e) (a) and is approved by the board, except as provided under pars. (gm) and (jm) and except that a cost-sharing grant may not exceed 70% of the cost of implementing the best management practice.

SB40, s. 3081 Section 3081. 281.65 (8) (gm) of the statutes is amended to read:

SB40,1404,18 281.65 (8) (gm) The governmental unit submitting the application under sub. (4c) (a) or (4e) (a) shall exceed the limit under par. (f) in cases of economic hardship, as defined by the department by rule.

SB40, s. 3082 Section 3082. 281.87 of the statutes is created to read:

SB40,1404,24 281.87 Great Lakes contaminated sediment removal. The department may expend funds from the appropriation under s. 20.866 (2) (ti) to pay a portion of the costs of a project to remove contaminated sediment from Lake Michigan or Lake Superior or a tributary of Lake Michigan or Lake Superior if federal funds are provided for the project under 33 USC 1268 (c) (12).

SB40, s. 3083 Section 3083. 285.30 (5) (a) of the statutes is amended to read: