SB59,973,2321
6. If applicable,
that the
suspension or termination of authorization of the
22vendor or eligibility of the participant is effective
beginning on the 15th day after
23receipt date of the
notice of
summary suspension or termination.
SB59,1930
24Section
1930. 253.06 (5) (e) of the statutes is renumbered 253.06 (5) (e) 1. and
25amended to read:
SB59,974,4
1253.06
(5) (e) 1. The
suspension or termination of authorization of a vendor
,
2infant formula supplier, or direct distribution center or eligibility of a participant
3shall be effective beginning on the 15th day after receipt of the notice of
suspension
4or termination.
SB59,974,13
52. All forfeitures, recoupments, and enforcement assessments shall be paid to
6the department within 15 days after receipt of notice of assessment or, if the
7forfeiture, recoupment, or enforcement assessment is contested under sub. (6),
8within 10 days after receipt of the final decision after exhaustion of administrative
9review, unless the final decision is adverse to the department or unless the final
10decision is appealed and the decision is stayed by court order under sub. (7). The
11department shall remit all forfeitures paid to the secretary of administration for
12deposit in the school fund. The department shall deposit all enforcement
13assessments in the appropriation under s. 20.435 (1) (gr).
SB59,1931
14Section 1931
. 253.06 (5) (e) 3. of the statutes is created to read:
SB59,974,1715
253.06
(5) (e) 3. The summary suspension of authorization of a vendor, infant
16formula supplier, or direct distribution center shall be effective immediately upon
17receipt of the notice under par. (d).
SB59,1932
18Section 1932
. 253.06 (6) (b) of the statutes is amended to read:
SB59,975,919
253.06
(6) (b) A person may contest an assessment of forfeiture, recoupment
20or enforcement assessment, a denial
, suspension or termination of authorization
, a
21civil monetary penalty assessed in lieu of disqualification, a summary suspension, 22or a
suspension or termination of eligibility by sending a written request for hearing
23under s. 227.44 to the division of hearings and appeals in the department of
24administration within 10 days after the receipt of the notice issued under sub. (3)
25(bm) or (5) (d). The administrator of the division of hearings and appeals may
1designate a hearing examiner to preside over the case and recommend a decision to
2the administrator under s. 227.46. The decision of the administrator of the division
3of hearings and appeals shall be the final administrative decision. The division of
4hearings and appeals shall commence the hearing and issue a final decision within
560 days after receipt of the request for hearing unless all of the parties consent to a
6later date. Proceedings before the division of hearings and appeals are governed by
7ch. 227. In any petition for judicial review of a decision by the division of hearings
8and appeals, the department, if not the petitioner who was in the proceeding before
9the division of hearings and appeals, shall be the named respondent.
SB59,1933
10Section 1933
. 253.06 (8) of the statutes is amended to read:
SB59,975,1411
253.06
(8) Inspection of premises. The department may visit and inspect each
12authorized vendor
and infant formula supplier and each
food direct distribution
13center, and for such purpose shall be given unrestricted access to the premises
14described in the authorization or contract.
SB59,1934
15Section 1934
. 253.06 (9) and (10) of the statutes are created to read:
SB59,975,2016
253.06
(9) Confidentiality of applicant and participant information. (a) Any
17information about an applicant or participant, whether it is obtained from the
18applicant or participant or another source or is generated as a result of application
19for the Women, Infants, and Children program, that identifies the applicant or
20participant or a family member of the applicant or participant is confidential.
SB59,976,521
(b) Except as explicitly permitted under this section, the department shall
22restrict the use and disclosure of confidential applicant and participant information
23to any person directly connected with the administration or enforcement of the
24Women, Infants, and Children program that the department determines has a need
25to know the information for Women, Infants, and Children program purposes.
1Persons who may be allowed to access confidential information under this paragraph
2include personnel from the local agencies, persons under contract with the
3department to perform research regarding the Women, Infants, and Children
4program, and persons that are investigating or prosecuting Women, Infants, and
5Children program violations of federal, state, or local law.
SB59,976,96
(c) The department or any local agency may use or disclose to public
7organizations confidential applicant and participant information for the
8administration of other programs that serve individuals eligible for the Women,
9Infants, and Children program in accordance with
7 CFR 246.26 (h).
SB59,976,1310
(d) Staff of the department and local agencies who are required by state law to
11report known or suspected child abuse or neglect may disclose confidential applicant
12and participant information without the consent of the participant or applicant to
13the extent necessary to comply with the law.
SB59,977,214
(e) Except in the case of subpoenas or search warrants, the department and
15local agencies may disclose confidential applicant and participant information to
16individuals or entities not listed in this section only if the affected applicant or
17participant signs a release form authorizing the disclosure and specifying the parties
18to which the information may be disclosed. The department or local agency shall
19allow applicants and participants to refuse to sign the release form and shall notify
20the applicant or participant that signing the form is not a condition of eligibility and
21refusing to sign the form will not affect the applicant's or participant's application
22or participation in the Women, Infants, and Children program. Release forms
23authorizing disclosure to private physicians or other health care providers may be
24included as part of the Women, Infants, and Children program application or
25certification process. All other requests for applicants or participants to sign
1voluntary release forms may occur only after the application and certification
2process is complete.
SB59,977,133
(f) The department or local agency shall provide to an applicant or participant
4access to all information he or she has provided to the Women, Infants, and Children
5program. In the case of an applicant or participant who is an infant or child, the
6access may be provided to a parent or guardian of the infant or child, assuming that
7any issues regarding custody or guardianship have been settled. The department or
8local agency is not required to provide the applicant or participant or parent or
9guardian of an infant or child applicant or participant access to any other
10information in the file or record, including documentation of income provided by a
113rd party and staff assessments of an applicant or participant's condition or
12behavior, unless required by law or unless the information supports a state or local
13agency decision being appealed under
7 CFR 246.9.
SB59,977,19
14(10) Confidentiality of vendor information. (a) Any information about a
15vendor, whether it is obtained from the vendor or another source, that individually
16identifies the vendor except for the vendor's name, address, telephone number,
17Internet or electronic mail address, store type, and Women, Infants, and Children
18program authorization status is confidential. The department shall restrict the use
19or disclosure of confidential vendor information to any of the following:
SB59,977,2520
1. Persons directly connected with the administration or enforcement of the
21Women, Infants, and Children program or the food stamp program under s. 49.79
22that the department determines has a need to know the information for purposes of
23these programs. These persons may include personnel from local agencies and
24persons investigating or prosecuting violations of Women, Infants, and Children
25program or food stamp program federal, state, or local laws.
SB59,978,6
12. Persons directly connected with the administration or enforcement of any
2federal or state law or local ordinance. Before releasing information to a state or local
3entity, the department shall enter into a written agreement with the requesting
4party specifying that the information may not be used or redisclosed except for
5purposes directly connected with the administration or enforcement of the federal or
6state law or local ordinance.
SB59,978,97
3. A vendor that is subject to an adverse action under sub. (5), including a claim,
8to the extent that the confidential information concerns the vendor that is subject to
9the adverse action and is related to the adverse action.
SB59,978,1710
(b) The department may disclose to all authorized vendors and applicants to
11be a vendor sanctions that have been imposed on vendors if the disclosure identifies
12only the vendor's name, address, length of the disqualification or amount of the
13monetary penalty, and a summary of the reason for the sanction provided in the
14notice of adverse action under sub. (5). The information under this paragraph may
15be disclosed only after all administrative and judicial review is exhausted and the
16department has prevailed regarding the sanction imposed on the vendor or after the
17time period for requesting administrative and judicial review has expired.
SB59,1935
18Section
1935. 253.07 (1) (a) 3. of the statutes is created to read:
SB59,978,1919
253.07
(1) (a) 3. Pregnancy termination.
SB59,1936
20Section
1936. 253.07 (1) (b) 3. of the statutes is created to read:
SB59,978,2121
253.07
(1) (b) 3. Pregnancy termination.
SB59,1937
22Section 1937
. 253.07 (5) (b) (intro.) of the statutes is renumbered 253.07 (5)
23(b) and amended to read:
SB59,979,224
253.07
(5) (b)
Subject to par. (c), a A public entity that receives women's health
25funds under this section may provide some or all of the funds to other public or
1private entities
provided that the recipient of the funds does not do any of the
2following:.
SB59,1938
3Section 1938
. 253.07 (5) (b) 1. to 3. of the statutes are repealed.
SB59,1939
4Section 1939
. 253.07 (5) (c) of the statutes is repealed.
SB59,1940
5Section
1940. 253.075 of the statutes is repealed.
SB59,1941
6Section 1941
. 254.151 (intro.) of the statutes is amended to read:
SB59,979,8
7254.151 Lead poisoning or lead exposure prevention grants. (intro.)
8From the appropriation account under s. 20.435 (1) (ef), the department shall
award:
SB59,979,10
9(1m) Award the following grants under criteria that the department shall
10establish in rules promulgated under this
section
subsection:
SB59,1942
11Section 1942
. 254.151 (1) of the statutes is renumbered 254.151 (1m) (a).
SB59,1943
12Section 1943
. 254.151 (2) of the statutes is renumbered 254.151 (1m) (b).
SB59,1944
13Section 1944
. 254.151 (2m) of the statutes is created to read:
SB59,979,1514
254.151
(2m) Award grants for residential lead hazard abatement, residential
15lead hazard reduction, and lead abatement worker training.
SB59,1945
16Section 1945
. 254.151 (3) of the statutes is renumbered 254.151 (1m) (c).
SB59,1946
17Section 1946
. 254.151 (4) of the statutes is renumbered 254.151 (1m) (d).
SB59,1947
18Section 1947
. 254.151 (5) of the statutes is renumbered 254.151 (1m) (e) and
19amended to read:
SB59,979,2120
254.151
(1m) (e) To fund any combination of the purposes under
subs. (1) pars.
21(a) to
(4) (d).
SB59,1948
22Section 1948
. 254.151 (6) of the statutes is renumbered 254.151 (1m) (f).
SB59,1949
23Section 1949
. 254.151 (7) of the statutes is renumbered 254.151 (1m) (g).
SB59,1950
24Section
1950. 255.06 (2) (i) of the statutes is amended to read:
SB59,980,2
1255.06
(2) (i)
Multiple sclerosis services. Allocate and expend
at least up to 2$60,000 as reimbursement for the provision of multiple sclerosis services to women.
SB59,1951
3Section 1951
. 256.35 (1) (em) of the statutes is amended to read:
SB59,980,64
256.35
(1) (em) “Emergency number system” means any basic system,
5sophisticated system, or Next Generation 911, as defined in
sub. (3s) (a) 3. s. 85.125
6(1) (c), regardless of technology platform.
SB59,1952
7Section 1952
. 256.35 (3s) (except 256.35 (3s) (a) 1.) of the statutes is
8renumbered 85.125, and 85.125 (1) (intro.), (e) and (f), (2), (3) and (4) (a), as
9renumbered, are amended to read:
SB59,980,1010
85.125
(1) Definitions. (intro.) In this
subsection section:
SB59,980,1111
(e) “Service supplier” has the meaning given in
sub. s. 256.35 (3) (a) 3.
SB59,980,1212
(f) “Service user” has the meaning given in
sub. s. 256.35 (3) (a) 4.
SB59,980,18
13(2) Emergency services IP network contracts. The department shall invite
14bids to be submitted under s. 16.75 and, from the appropriation under s.
20.465 (3) 1520.395 (5) (qm), contract for the creation, operation, and maintenance of an
16emergency services IP network that to the greatest extent feasible relies on industry
17standards and existing infrastructure to provide all public safety answering points
18with the network necessary to implement Next Generation 911.
SB59,981,2
19(3) Existing contracts and charges. (a) The department shall determine the
20operational date for each county. If a contract under
sub. s. 256.35 (3) (b) 3. between
21a service supplier and a county is in effect immediately before the operational date
22determined for the county, the contract shall expire on the operational date and,
23except as provided in
subd. 2. par. (b), beginning on the operational date, the service
24supplier may not bill any service user for a charge levied by the county under
sub. 25s. 256.35 (3) (b) or impose a surcharge approved under
sub. s. 256.35 (3) (f). At least
130 days before a contract expires under this
subdivision paragraph, the department
2shall provide written notice of the expiration to the county and service supplier.
SB59,981,83
(b) If a contract terminates under
subd. 1.
par. (a) before a service supplier has
4been fully compensated for nonrecurring services described in
sub. s. 256.35 (3) (b)
53. a., the service supplier may continue to bill service users for the charge levied by
6the county under
sub. s. 256.35 (3) (b) or impose a surcharge approved under
sub.
s.
7256.35 (3) (f) until the service supplier is fully compensated for those nonrecurring
8services.
SB59,981,9
9(4) (a) Advise the department on the contracts required under
par. (b) sub. (2).
SB59,1953
10Section 1953
. 256.35 (3s) (a) 1. of the statutes is repealed.
SB59,1954
11Section 1954
. 257.01 (5) (a) of the statutes is amended to read:
SB59,981,1712
257.01
(5) (a) An individual who is licensed as a physician, a physician
13assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed
14practical nurse, or nurse-midwife under ch. 441, licensed as a dentist
or dental
15therapist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a
16veterinarian or certified as a veterinary technician under ch. 89, or certified as a
17respiratory care practitioner under ch. 448.
SB59,1955
18Section 1955
. 257.01 (5) (b) of the statutes is amended to read:
SB59,982,219
257.01
(5) (b) An individual who was at any time within the previous 10 years,
20but is not currently, licensed as a physician, a physician assistant, or a podiatrist
21under ch. 448, licensed as a registered nurse, licensed practical nurse or
22nurse-midwife, under ch. 441, licensed as a dentist
or dental therapist under ch. 447,
23licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a
24veterinary technician under ch. 89, or certified as a respiratory care practitioner
1under ch. 448, if the individual's license or certification was never revoked, limited,
2suspended, or denied renewal.
SB59,1956
3Section
1956. 281.54 of the statutes is created to read:
SB59,982,9
4281.54 Local pollution control grants in TMDL watersheds. The
5department shall award grants from the appropriation under s. 20.866 (2) (tj) to
6municipalities and counties for water pollution control infrastructure projects
7within watersheds for which a federally approved total maximum daily load under
833 USC 1313 (d) (1) (C) is in effect. The department shall promulgate rules for the
9administration of the program under this section.
SB59,1957
10Section
1957. 281.59 (4) (a) of the statutes is amended to read:
SB59,982,1211
281.59
(4) (a) The clean water fund program
and the safe drinking water loan
12program are revenue-producing enterprises or programs, as defined in s. 18.52 (6).
SB59,1958
13Section
1958. 281.59 (4) (am) of the statutes is amended to read:
SB59,982,1814
281.59
(4) (am) Deposits, appropriations or transfers to the environmental
15improvement fund for the purposes of the clean water fund program
or the safe
16drinking water loan program may be funded with the proceeds of revenue obligations
17issued subject to and in accordance with subch. II of ch. 18 or in accordance with
18subch. IV of ch. 18 if designated a higher education bond.
SB59,1959
19Section
1959. 281.59 (4) (c) of the statutes is amended to read:
SB59,983,420
281.59
(4) (c) The building commission may pledge any portion of revenues
21received or to be received in the fund established in par. (b) or the environmental
22improvement fund to secure revenue obligations issued under this subsection. The
23pledge shall provide for the transfer to the environmental improvement fund of all
24pledged revenues, including any interest earned on the revenues, which are in excess
25of the amounts required to be paid under s. 20.320 (1) (c) and (u)
and (2) (c) and (u)
1for the purposes of the clean water fund program
and the safe drinking water loan
2program. The pledge shall provide that the transfers be made at least twice yearly,
3that the transferred amounts be deposited in the environmental improvement fund
4and that the transferred amounts are free of any prior pledge.
SB59,1960
5Section
1960. 281.59 (4) (f) of the statutes is amended to read:
SB59,983,146
281.59
(4) (f) Revenue obligations may be contracted by the building
7commission when it reasonably appears to the building commission that all
8obligations incurred under this subsection, and all payments under an agreement or
9ancillary arrangement entered into under s. 18.55 (6) with respect to revenue
10obligations issued under this subsection, can be fully paid on a timely basis from
11moneys received or anticipated to be received. Revenue obligations issued under this
12subsection for the clean water fund program
and safe drinking water loan program 13shall not exceed $2,526,700,000 in principal amount, excluding obligations issued to
14refund outstanding revenue obligation notes.
SB59,1961
15Section 1961
. 281.61 (8) (b) of the statutes is created to read:
SB59,983,1916
281.61
(8) (b) The department of administration shall allocate not more than
17$40,000,000 from proceeds of public debt authorized under s. 20.866 (2) (td) to
18projects involving forgivable loans to private users of public water systems to cover
19not more than 50 percent of the cost to replace lead service lines.
SB59,1962
20Section
1962. 281.75 (1) (b) (intro.), 1. and 2. of the statutes are amended to
21read:
SB59,983,2322
281.75
(1) (b) (intro.) “Contaminated well" or “contaminated private water
23supply" means a well or private water supply which
does any of the following:
SB59,984,3
11. Produces water containing one or more substances of public health concern
2in excess of a primary maximum contaminant level promulgated in the national
3drinking water standards in
40 CFR 141 and
143;.
SB59,984,54
2. Produces water containing one or more substances of public health concern
5in excess of an enforcement standard under ch. 160
; or.
SB59,1963
6Section
1963. 281.75 (1) (b) 4. of the statutes is created to read:
SB59,984,87
281.75
(1) (b) 4. Produces water containing at least 10 parts per billion of
8arsenic or at least 10 parts per million of nitrate nitrogen.
SB59,1964
9Section
1964. 281.75 (4m) (a) of the statutes is amended to read:
SB59,984,1310
281.75
(4m) (a) In order to be eligible for an award under this section, the
11annual family income of the landowner or lessee of property on which is located a
12contaminated water supply or a well subject to abandonment may not exceed
$65,000 13$100,000.
SB59,1965
14Section 1965
. 281.75 (5) (f) of the statutes is amended to read:
SB59,984,2015
281.75
(5) (f)
The Except as provided in par. (g), the department shall allocate
16money for the payment of claims according to the order in which completed claims
17are received. The department may conditionally approve a completed claim even if
18the appropriation under s. 20.370 (6) (cr) is insufficient to pay the claim. The
19department shall allocate money for the payment of a claim which is conditionally
20approved as soon as funds become available.
SB59,1966
21Section 1966
. 281.75 (5) (g) of the statutes is created to read:
SB59,984,2422
281.75
(5) (g) If the appropriation under s. 20.370 (6) (cr) is insufficient to pay
23claims, the department may, for claims based on nitrate levels, allocate money for the
24payment of those claims in the following order of priority:
SB59,985,2
11. Claims based on water containing more than 40 parts per million nitrate
2nitrogen.
SB59,985,43
2. Claims based on water containing more than 30 but not more than 40 parts
4per million nitrate nitrogen.
SB59,985,65
3. Claims based on water containing more than 25 but not more than 30 parts
6per million nitrate nitrogen.