2001 Wisconsin Act 16

253.13 (2) Tests; diagnostic, dietary and follow-up counseling program; fees. The department shall contract with the state laboratory of hygiene to perform the tests specified under this section and to furnish materials for use in the tests. The department shall provide necessary diagnostic services, special dietary treatment as prescribed by a physician for a patient with a congenital disorder as identified by tests under sub. (1) or (1m) and follow-up counseling for the patient and his or her family. The state laboratory of hygiene board, on behalf of the department, shall impose a fee for tests performed under this section sufficient to pay for services provided under the contract and. The state laboratory of hygiene board shall include as part of this fee and pay to the department an amount amounts the department determines is are sufficient to fund the provision of diagnostic and counseling services, special dietary treatment, and periodic evaluation of infant screening programs, the costs of consulting with experts under sub. (5), and the costs of administering the congenital disorder program under this section and shall credit these amounts to the appropriations under s. 20.435 (1) (jb) and (5) (ja).

16,3143m Section 3143m. 254.11 (13) of the statutes is amended to read:

254.11 (13) "Third-party payer" means a disability insurance policy that is required to provide coverage for a blood lead test under s. 632.895 (10) (a); a health maintenance organization or preferred provider plan under ch. 609; a health care coverage plan offered by the state under s. 40.51 (6); a self-insured health plan offered by a city or village under s. 66.0137 (4), a political subdivision under s. 66.0137 (4m), a town under s. 60.23 (25), a county under s. 59.52 (11) (c), or a school district under s. 120.13 (2) (b); or a sickness care plan operated by a cooperative association under s. 185.981.

16,3144 Section 3144. 254.31 (10) of the statutes is amended to read:

254.31 (10) "Source material" means any material except special nuclear material, which contains by weight 0.05 per cent or more of uranium, thorium, or any combination thereof in any physical or chemical form, or ores that contain by weight 0.05% or more of uranium, thorium, or any combination thereof. "Source material" does not include special nuclear material.

16,3145 Section 3145. 254.34 (1) (a) of the statutes is amended to read:

254.34 (1) (a) Promulgate and enforce rules, including registration and licensing of sources of ionizing radiation, as may be necessary to prohibit and prevent unnecessary radiation exposure. The rules may incorporate by reference the recommended standards of nationally recognized bodies in the field of radiation protection and other fields of atomic energy, under the procedure established by s. 227.21 (2). The rules for by-product material, source material and special nuclear material may be no less stringent than shall be in accordance with the requirements of 42 USC 2021 (o) and shall otherwise be compatible with the requirements under 42 USC 2011 to 2114 and regulations adopted under 42 USC 2011 to 2114.

16,3146 Section 3146. 254.34 (2) (c) of the statutes is created to read:

254.34 (2) (c) Develop requirements for qualification, certification, training, and experience of an individual who does any of the following:

1. Operates radiation generating equipment.

2. Utilizes, stores, transfers, transports, or possesses radioactive materials.

3. Acts as a radiation safety consultant to any person who possesses a license or registration issued by the department under this subchapter.

16,3147 Section 3147. 254.34 (2) (d) of the statutes is created to read:

254.34 (2) (d) Recognize certification by another state or by a nationally recognized certifying organization of an individual to perform acts under par. (c) 1. to 3. if the standards for the other state's certification or the organization's certification are substantially equivalent to the standards of the department for certification of individuals under par. (c).

16,3147w Section 3147w. 254.47 (1) of the statutes is amended to read:

254.47 (1) Except as provided in sub. (1g) and ss. 250.041 and 254.115, the department or a local health department granted agent status under s. 254.69 (2) shall issue permits to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a permit under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.

16,3147x Section 3147x. 254.47 (1g) of the statutes is created to read:

254.47 (1g) A campground permit is not required for camping at county or district fairs at which 4-H Club members exhibit, for the 4 days preceding the county or district fair, the duration of the county or district fair, and the 4 days following the county or district fair.

16,3148 Section 3148. 254.47 (1m) of the statutes is created to read:

254.47 (1m) The department or a local health department granted agent status under s. 254.69 (2) may not, without a preinspection, grant a permit to a person intending to operate a new public swimming pool, campground, or recreational or educational camp or to a person intending to be the new operator of an existing public swimming pool, campground, or recreational or educational camp.

16,3149 Section 3149. 254.47 (2) of the statutes is amended to read:

254.47 (2) A separate permit is required for each campground, camping resort, recreational and or educational camp and public swimming pool. No permit issued under this section is transferable from one premises to another or from one person, state or local government to another, except that the permit may be transferred from an individual to an immediate family member, as defined in s. 254.64 (4) (a), if the individual is transferring operation of the campground, camping resort, recreational and or educational camp or public swimming pool to the immediate family member.

16,3150 Section 3150. 254.47 (4) of the statutes is amended to read:

254.47 (4) Permits issued under this section expire on June 30, except that permits initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year. Except as provided in s. 254.69 (2) (d) and (e), the department shall promulgate rules that establish, for permits issued under this section, amounts of permit fees, preinspection fees, reinspection fees, fees for operating without a license, and late fees for untimely permit renewal.

16,3151 Section 3151. 254.64 (1) (b) of the statutes is amended to read:

254.64 (1) (b) No person may maintain, manage or operate a bed and breakfast establishment for more than 10 nights in a year without having first obtained a biennial an annual permit from the department.

16,3152 Section 3152. 254.64 (4) (b) of the statutes is amended to read:

254.64 (4) (b) Except as provided in pars. (c) and par. (d), no permit is transferable from one premises to another or from one person to another.

16,3153 Section 3153. 254.64 (4) (c) of the statutes is repealed.

16,3154 Section 3154. 254.68 of the statutes is amended to read:

254.68 Fees. Except as provided in s. 254.69 (2) (d) and (e), the department shall promulgate rules that establish, for permits issued under s. 254.64, permit fees, preinspection fees and, reinspection fees, fees for operating without a permit, late fees for untimely permit renewal, fees for comparable compliance or variance requests, and fees for pre-permit review of restaurant plans.

16,3155 Section 3155. 254.69 (2) (am) of the statutes is amended to read:

254.69 (2) (am) In the administration of this subchapter or s. 254.47, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing permits to and making investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. In a jurisdictional area of a local health department without agent status, the department of health and family services may issue permits, collect permit fees established by rule under s. 254.68 and make investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps and public swimming pools. If the department designates a local health department as its agent, the department or local health department may require no permit for the same operations other than the permit issued by the local health department under this subsection. The department shall coordinate the designation of agents under this subsection with the department of agriculture, trade and consumer protection to ensure that, to the extent feasible, the same local health department is granted agent status under this subsection and under s. 97.41. Except as otherwise provided by the department, a local health department granted agent status shall regulate all types of establishments for which this subchapter permits the department of health and family services to delegate regulatory authority.

16,3155z Section 3155z. 255.06 of the statutes is repealed and recreated to read:

255.06 Well-woman program. (1) Definitions. In this section:

(a) "Hospital" has the meaning given in s. 50.33 (2).

(b) "Mammography" means the making of a record of a breast by passing X rays through a body to act on specially sensitized film.

(c) "Medicare" has the meaning given in s. 49.498 (1) (f).

(d) "Nurse practitioner" means a registered nurse licensed under ch. 441 or in a party state, as defined in s. 441.50 (2) (j), whose practice of professional nursing under s. 441.11 (4) includes performance of delegated medical services under the supervision of a physician, dentist, or podiatrist.

(e) "Poverty line" means the nonfarm federal poverty line for the continental United States, as defined by the federal department of labor under 42 USC 9902 (2).

(2) Well-woman program. 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, 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:

(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, 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:

1. For a woman for whom 3rd-party coverage for services is obtainable, payment by the source of the 3rd-party coverage at full reasonable charge.

2. For a woman for whom 3rd-party coverage for services is not obtainable and whose income is above 150% of the poverty line, a copayment for the provided service that is based on a sliding scale, as developed by the department, according to the woman's income.

3. For a woman for whom 3rd-party coverage is not obtainable and whose income is at or below 150% of the poverty line, no copayment.

(b) Media announcements and educational materials. Allocate and expend at least $20,000 in each fiscal year to develop and provide media announcements and educational materials to promote breast cancer screening services that are available under pars. (a) and (c) and to promote health care screening services for women that are available under par. (e).

(c) Breast cancer screenings using mobile mammography van. Reimburse the city of Milwaukee public health department for up to $115,200 in each fiscal year for the performance of breast cancer screening activities with the use of a mobile mammography van.

(d) Specialized training to for rural colposcopic examinations and activities. Provide not more than $25,000 in each fiscal year as reimbursement for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for the treatment of cervical cancer.

(e) Health care screening, referral, follow-up, and patient education. Reimburse service providers for the provision of health care screening, referral, follow-up, and patient education to low-income, underinsured, and uninsured women.

(f) Women's health campaign. Conduct a women's health campaign to do all of the following:

1. Increase women's awareness of issues that affect their health.

2. Reduce the prevalence of chronic and debilitating health conditions that affect women.

(g) Osteoporosis prevention and education. Conduct an osteoporosis prevention and education program to raise public awareness concerning the causes and nature of osteoporosis, the risk factors for developing osteoporosis, the value of prevention and early detection of osteoporosis, and options for diagnosing and treating osteoporosis.

(3) Service coordination. The department shall coordinate the services provided under this section with the services provided under the minority health program under s. 146.185, to ensure that disparities in the health of women who are minority group members are adequately addressed.

16,3156m Section 3156m. 255.07 of the statutes is repealed.

16,3157b Section 3157b. 255.075 of the statutes is repealed.

16,3159 Section 3159. 255.10 (intro.) of the statutes is amended to read:

255.10 Thomas T. Melvin youth tobacco prevention and education program. (intro.) From the appropriation under s. 20.435 (5) (dg) moneys distributed under s. 255.15 (3) (a) 2., the department shall administer the Thomas T. Melvin youth tobacco prevention and education program, with the primary purpose of reducing the use of cigarettes and tobacco products by minors. The department shall award grants for the following purposes:

16,3160 Section 3160. 255.15 (3) (a) 2. of the statutes is amended to read:

255.15 (3) (a) 2. The Thomas T. Melvin youth tobacco prevention and education program under s. 255.10, $1,000,000 $2,000,000 in fiscal year 1999-2000 and not less than $1,000,000 in fiscal year 2000-01 2001-02 and in each fiscal year thereafter.

16,3160c Section 3160c. 255.15 (4) of the statutes is amended to read:

255.15 (4) Reports. Not later than July 1, 2001 April 15, 2002, and annually thereafter, the board shall submit to the governor and to the chief clerk of each house of the legislature for distribution under s. 13.172 (2) a report that evaluates the success of the grant program under sub. (3). The report shall specify the number of grants awarded during the immediately preceding fiscal year and the purpose for which each grant was made. The report shall also specify donations and grants accepted by the board under sub. (5).

16,3160q Section 3160q. 280.25 of the statutes is created to read:

280.25 Air filtration for residential wells. The owner of a residential well, other than a driven well, that has a casing shall filter air that enters the well to prevent airborne bacteria from contaminating the well water if any of the following applies:

(1) The construction of the well begins after the effective date of this subsection .... [revisor inserts date].

(2) The water from the well tests positive for bacteria.

16,3160t Section 3160t. 281.17 (1) of the statutes is renumbered 281.17 (1) (a) and amended to read:

281.17 (1) (a) No wells shall A well may not be constructed, installed, or operated to withdraw water from underground sources for any purpose groundwater where the capacity and rate of withdrawal of all wells on one property is in excess of 100,000 gallons a day without first obtaining the approval of the department. If s. 281.35 applies to the proposed construction well, the application shall comply with s. 281.35 (5) (a). If the department finds that the proposed withdrawal will adversely affect or reduce the availability of water to any public utility in furnishing water to or for the public or does not meet the grounds for approval specified under s. 281.35 (5) (d), if applicable, it shall either

(b) The department shall withhold its approval or grant a limited approval under which it imposes such conditions as to location, depth, pumping capacity, rate of flow, and ultimate use so that will ensure all of the following:

1. That the water supply of any public utility engaged in furnishing water to or for the public will not be impaired and the withdrawal will conform to the requirements of.

2. That the well meets the grounds for approval under s. 281.35, if applicable.

(d) The department shall require each person issued an approval under this subsection to report that person's volume and rate of withdrawal, as defined under s. 281.35 (1) (m), and that person's volume and rate of water loss, as defined under s. 281.35 (1) (L), if any, in the form and at the times specified by the department. The department may issue general or special orders it considers necessary to ensure prompt and effective administration of this subsection.

16,3160v Section 3160v. 281.17 (1) (c) of the statutes is created to read:

281.17 (1) (c) 1. Except as provided in subd. 3., the department shall impose as a condition in each approval under this subsection that the person issued the approval may not use, or permit another person to use, any water withdrawn from the well to produce bottled drinking water, as defined in s. 97.34 (1) (a), unless the department approves use of the well for that purpose.

2. The department shall withhold its approval, grant a limited approval, or modify an approval in order to minimize adverse effects to the quality or quantity of waters of the state caused by any well used to produce bottled drinking water, as defined in s. 97.34 (1) (a). The department shall prepare an environmental impact statement under s. 1.11 (2) for a decision by the department under this paragraph to approve the use of a well to produce bottled drinking water.

3. This paragraph does not apply to a withdrawal of water by a public utility engaged in furnishing water to or for the public.

16,3161 Section 3161. 281.17 (2) of the statutes is amended to read:

281.17 (2) The department shall supervise chemical treatment of waters for the suppression of algae, aquatic weeds, swimmers' itch and other nuisance-producing plants and organisms that are not regulated by the program established under s. 23.24 (2). It may purchase equipment and may make a charge for the use of the same and for materials furnished, together with a per diem charge for any services performed in such work. The charge shall be sufficient to reimburse the department for the use of the equipment, the actual cost of materials furnished, and the actual cost of the services rendered.

16,3161u Section 3161u. 281.57 (10e) of the statutes is created to read:

281.57 (10e) Loan for water tower in the village of Athens. Notwithstanding subs. (2), (4) to (10), and (12), during the 2001-03 fiscal biennium, the department shall provide a loan of $320,000 to the village of Athens for construction of a water tower and related costs, if the village applies for a loan. The department may not charge any interest on the loan.

16,3161uc Section 3161uc. 281.57 (10f) of the statutes is created to read:

281.57 (10f) Loan for water tower in the village of Weston. Notwithstanding subs. (2), (4) to (10), and (12), during the 2001-03 fiscal biennium, the department shall provide a loan of $400,000 to the village of Weston for construction of a water tower and related costs, if the village applies for a loan. The department may not charge any interest on the loan.

16,3163 Section 3163. 281.58 (9) (e) of the statutes is amended to read:

281.58 (9) (e) If the department of natural resources and the department of administration determine that the governor's recommendation, as set forth in the executive budget bill, for the amount under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1. insufficient to provide funding for all projects for which applications will be approved during that biennium, the department shall inform municipalities that, if the governor's recommendations are approved, clean water fund program assistance during a fiscal year of that biennium will only be available to municipalities that submit financial assistance applications by the June 30 preceding that fiscal year.

16,3164 Section 3164. 281.58 (9m) (f) (intro.) of the statutes is amended to read:

281.58 (9m) (f) (intro.) If the department of natural resources and the department of administration determine that the amount approved under s. 281.59 (3e) (b), the amount available under s. 20.866 (2) (tc), or the amount available under s. 281.59 (4) (f) for a biennium is 85% or less of the amount of present value subsidy, general obligation bonding authority or revenue bonding authority, respectively, requested for that biennium in the biennial finance plan submitted under s. 281.59 (3) (bm) 1. insufficient to provide funding for all projects for which applications will be approved during that biennium, all of the following apply:

16,3164j Section 3164j. 281.58 (13) (be) 5. of the statutes is repealed.

16,3164L Section 3164L. 281.58 (13) (em) 3. of the statutes is created to read:

281.58 (13) (em) 3. In a fiscal year, if federal financial hardship assistance has been allocated to all eligible projects on the funding list and federal financial hardship assistance remains to be allocated, the department may allocate federal financial hardship assistance to a project of an eligible municipality that submits its financial assistance application after June 30.