AB75: Bill Text

AB75, s. 2547 Section 2547. 253.15 (2) of the statutes is amended to read:

AB75,1353,2 253.15 (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. 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.

AB75, s. 2548 Section 2548. 253.15 (4) of the statutes is amended to read:

AB75,1354,2 253.15 (4) Training for day care providers. Before an individual may obtain a license to operate a day care center under s. 48.65 for the care and supervision of children under 5 years of age or enter into a contract to provide a day care program under s. 120.13 (14) for the care and supervision of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or that is provided by a nonprofit organization arranged by the department to provide that training. Before an individual may be certified under s. 48.651 as a day care provider of children under 5 years of age, the individual shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the certifying county department or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by that county department or contracted agency to provide that training. Before an employee or volunteer of a day care center licensed under s. 48.65, a day care provider certified under s. 48.651, or a day care program established under s. 120.13 (14) may provide care and supervision for children under 5 years of age, the employee or volunteer shall receive training relating to shaken baby syndrome and impacted babies that is approved or provided by the department or the certifying county department or agency contracted with under s. 48.651 (2) or that is provided by a nonprofit organization arranged by the department or that county department or contracted agency to provide that training. The person conducting the training shall provide to the individual receiving the training, without cost to the individual, a copy of the written materials purchased or prepared under sub. (2), a presentation of the audiovisual materials purchased or prepared under sub. (2), and an oral explanation of those written and audiovisual materials.

AB75, s. 2549 Section 2549. 253.15 (6) of the statutes is amended to read:

AB75,1354,9 253.15 (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. 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.

AB75, s. 2550 Section 2550. 253.15 (7) (e) of the statutes is amended to read:

AB75,1354,16 253.15 (7) (e) A county department or Indian tribe that is providing home visitation services under s. 48.983 (4) (b) 1. or 2. 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).

AB75, s. 2551 Section 2551. 254.151 (intro.) of the statutes is amended to read:

AB75,1354,21 254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation account under s. 20.435 (5) (1) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:

AB75, s. 2552 Section 2552. 254.34 (1) (h) 5. of the statutes is amended to read:

AB75,1355,2 254.34 (1) (h) 5. Develop standards of performance for the regional radon centers and, from the appropriation account under s. 20.435 (5) (1) (ed), allocate distribute funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.

AB75, s. 2553 Section 2553. 255.01 (2m) of the statutes is created to read:

AB75,1355,6 255.01 (2m) "Research" means a systematic investigation through scientific inquiry, including development, testing, and evaluation, that is designed to develop or contribute to generalizable knowledge.

AB75, s. 2554 Section 2554. 255.01 (2n) of the statutes is created to read:

AB75,1355,8 255.01 (2n) "Researcher" means a person who performs research.

AB75, s. 2555 Section 2555. 255.04 (3) (c) of the statutes is created to read:

AB75,1355,11 255.04 (3) (c) A researcher who proposes to conduct research, if all of the following conditions are met:

AB75,1355,15 1. The researcher applies in writing to the department for approval of access to individually identifiable information under sub. (1) or (5) that is necessary for performance of the proposed research, and the department approves the application. An application under this subdivision shall include all of the following:

AB75,1355,16 a. A written protocol to perform research.

AB75,1355,18 b. The researcher's professional qualifications to perform the proposed research.

AB75,1355,22 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.

AB75,1355,23 d. Any other information requested by the department.

AB75,1355,25 2. The proposed research is for the purpose of studying cancer, cancer prevention, or cancer control.

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

AB75,1356,3 255.04 (6) The department may charge a reasonable fee for disclosing information to a researcher under sub. (3) (c).

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

AB75,1356,7 255.04 (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, s. 2558 Section 2558. 255.04 (8) of the statutes is created to read:

AB75,1356,10 255.04 (8) No person to whom information is disclosed under sub. (3) (c) may do any of the following:

AB75,1356,13 (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.

AB75,1356,15 (b) Disclose the information to a person who is not connected with performance of the research.

AB75,1356,17 (c) Reveal in the final research product information that may identify an individual whose information is disclosed under sub. (3) (c).

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

AB75,1356,21 255.04 (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, s. 2560 Section 2560. 255.04 (10) of the statutes is created to read:

AB75,1356,25 255.04 (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.

AB75,1357,6 (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.

AB75,1357,12 (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, s. 2561 Section 2561. 255.05 (2) of the statutes is amended to read:

AB75,1357,19 255.05 (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, s. 2562 Section 2562. 255.06 (2) (intro.) of the statutes is amended to read:

AB75,1358,5 255.06 (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, s. 2563 Section 2563. 255.15 (3) (b) (intro.) of the statutes is amended to read:

AB75,1358,8 255.15 (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, s. 2564 Section 2564. 255.15 (3) (bm) of the statutes is amended to read:

AB75,1358,12 255.15 (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, s. 2565 Section 2565. 255.15 (4) of the statutes is repealed.

AB75, s. 2566 Section 2566. 255.15 (5) of the statutes is amended to read:

AB75,1358,20 255.15 (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.

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

AB75,1359,5 255.35 (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, s. 2568 Section 2568. 256.04 (8) of the statutes is amended to read:

AB75,1359,8 256.04 (8) Review the annual budget prepared by the department for the expenditures under s. 20.435 (5) (1) (ch).

AB75, s. 2569 Section 2569. 256.08 (1) (c) of the statutes is repealed.

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

AB75,1359,15 256.12 (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, s. 2571 Section 2571. 256.12 (4) (a) of the statutes is amended to read:

AB75,1359,24 256.12 (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, s. 2572 Section 2572. 256.12 (5) (a) of the statutes is amended to read:

AB75,1360,7 256.12 (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, s. 2573 Section 2573. 256.35 (3m) (em) of the statutes is created to read:

AB75,1360,10 256.35 (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, s. 2574 Section 2574. 281.12 (6) of the statutes is created to read:

AB75,1360,15 281.12 (6) The department shall, in consultation with the coastal management council created under executive order 62, dated August 2, 1984, administer this state's coastal zone management program submitted to the U.S. secretary of commerce under 16 USC 1455.

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

AB75,1361,7 281.16 (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, s. 2576 Section 2576. 281.20 (5) of the statutes is repealed.

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

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

AB75,1361,13 281.34 (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).

AB75,1361,18 (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, s. 2579 Section 2579. 281.346 (12) of the statutes is created to read:

AB75,1361,24 281.346 (12) Fees. (a) A person who has a water supply system with the capacity to make a withdrawal from the waters of the state averaging 100,000 gallons per day or more in any 30-day period shall pay to the department an annual fee of $125, except that the department may promulgate a rule specifying a different amount.

AB75,1362,3 (b) In addition to the fee under par. (a), a person who withdraws from the Great Lakes basin more than 50,000,000 gallons per year shall pay to the department an annual fee in an amount specified under par. (c).

AB75,1362,5 (c) The department shall promulgate a rule specifying the amount of the fee under par. (b).

AB75,1362,7 (d) A person who submits an application under sub. (4) shall pay to the department a review fee of $5,000.

AB75, s. 2580 Section 2580. 281.58 (12) (a) 1. of the statutes is amended to read:

AB75,1362,11 281.58 (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 percent of market interest rate.

AB75, s. 2581 Section 2581. 281.59 (3e) (b) 1. of the statutes is amended to read:

AB75,1362,14 281.59 (3e) (b) 1. Equal to $114,700,000 $114,800,000 during the 2007-09 2009-11 biennium.

AB75, s. 2582 Section 2582. 281.59 (3e) (b) 3. of the statutes is amended to read:

AB75,1362,17 281.59 (3e) (b) 3. Equal to $1,000 for any biennium after the 2007-09 2009-11 biennium.

AB75, s. 2583 Section 2583. 281.59 (3m) (b) 1. of the statutes is amended to read:

AB75,1362,19 281.59 (3m) (b) 1. Equal to $2,700,000 during the 2007-09 2009-11 biennium.

AB75, s. 2584 Section 2584. 281.59 (3m) (b) 2. of the statutes is amended to read:

AB75,1362,22 281.59 (3m) (b) 2. Equal to $1,000 for any biennium after the 2007-09 2009-11 biennium.

AB75, s. 2585 Section 2585. 281.59 (3s) (b) 1. of the statutes is amended to read:

AB75,1362,25 281.59 (3s) (b) 1. Equal to $13,400,000 $17,600,000 during the 2007-09 2009-11 biennium.