AB75: Bill Text

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.

AB75, s. 2586 Section 2586. 281.59 (3s) (b) 2. of the statutes is amended to read:

AB75,1363,3 281.59 (3s) (b) 2. Equal to $1,000 for any biennium after the 2007-09 2009-11 biennium.

AB75, s. 2587 Section 2587. 281.59 (4) (f) of the statutes is amended to read:

AB75,1363,13 281.59 (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 $1,984,100,000 $2,402,900,000 in principal amount, excluding obligations issued to refund outstanding revenue obligation notes.

AB75, s. 2588 Section 2588. 281.60 (8) (a) (intro.) and 1. of the statutes are consolidated, renumbered 281.60 (8) (a) and amended to read:

AB75,1363,24 281.60 (8) (a) The department shall establish a funding list for each fiscal year that ranks projects of eligible applicants that submit approvable applications under sub. (5) in the same order that they appear on the priority list under sub. (6). If sufficient funds are not available to fund all approved applications for financial assistance, the department of administration shall allocate funding to projects that are approved under sub. (7) in the order that they appear on the funding list, except as follows: 1. The that the department of administration may not allocate more than 40% of the funds allocated in each fiscal year to projects to remedy contamination at landfills.

AB75, s. 2589 Section 2589. 281.60 (8) (a) 2. of the statutes is repealed.

AB75, s. 2590 Section 2590. 281.65 (2) (be) of the statutes is amended to read:

AB75,1364,3 281.65 (2) (be) "Priority lake" means any lake or group of lakes that are identified under sub. s. 281.65 (3) (am), 2007 stats.

AB75, s. 2591 Section 2591. 281.65 (2) (c) of the statutes is amended to read:

AB75,1364,6 281.65 (2) (c) "Priority watershed" means any watershed that is identified under sub. s. 281.65 (3) (am), 2007 stats., or sub. (4) (cm) or (co).

AB75, s. 2592 Section 2592. 281.65 (3) of the statutes is repealed.

AB75, s. 2593 Section 2593. 281.65 (3m) of the statutes is repealed.

AB75, s. 2594 Section 2594. 281.65 (4) (c) of the statutes is amended to read:

AB75,1364,14 281.65 (4) (c) Prepare a list of the watersheds in this state in order of the level of impairment of the waters in each watershed caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.

AB75, s. 2595 Section 2595. 281.65 (4) (cd) of the statutes is amended to read:

AB75,1364,20 281.65 (4) (cd) Prepare a list of the lakes in this state in order of the level of impairment of the waters in the lakes caused by nonpoint source pollution, taking into consideration the location of impaired water bodies that the department has identified to the federal environmental protection agency under 33 USC 1313 (d) (1) (A), and submit the list to the board no later than January 1, 1998.