2011 Wisconsin Act 32

32,2864 Section 2864. 238.16 (3) (am) of the statutes is created to read:

238.16 (3) (am) The person increases net employment in the person's business.

32,2865 Section 2865. Subchapter II (title) of chapter 238 [precedes 238.30] of the statutes is created to read:

chapter 238

subchapter II
tax incentives for business
development

32,2867 Section 2867. 247.06 (1) (a) of the statutes is amended to read:

247.06 (1) (a) The foundation may distribute moneys appropriated under s. 20.220 (1) (r) to the arts board for programs that provide operating support to arts organizations and for the Wisconsin regranting program under s. 44.62 41.62.

32,2868 Section 2868. 247.06 (2) (b) of the statutes is amended to read:

247.06 (2) (b) The foundation may not distribute moneys to the arts board under sub. (1) (a) in any fiscal year in which the foundation determines that the amount of general purpose revenue appropriated to the arts board department of tourism under s. 20.215 20.380 (3) is less than the amount appropriated in the previous fiscal year.

32,2871 Section 2871. 251.02 (3) of the statutes is amended to read:

251.02 (3) A county board may, in conjunction with the county board of another county one or more other counties, establish a multiple county health department, which shall meet the requirements of this chapter. A multiple county health department shall serve all areas of the respective counties that are not served by a city health department that was established prior to January 1, 1994, by a town or village health department established under sub. (3m), or by a multiple municipal local health department established under sub. (3r).

32,2872 Section 2872. 252.12 (2) (a) 9. of the statutes is amended to read:

252.12 (2) (a) 9. `Grant for family resource center.' The department shall award a grant to develop and implement an African-American family resource center in the city of Milwaukee that targets activities toward the prevention and treatment of HIV infection and related infections, including hepatitis C virus infection, of minority group members, as defined in s. 560.036 16.287 (1) (f).

32,2873 Section 2873. 252.12 (2) (c) 2. of the statutes is amended to read:

252.12 (2) (c) 2. From the appropriation account under s. 20.435 (1) (am), the department shall award $75,000 in each fiscal year as grants for services to prevent HIV infection and related infections, including hepatitis C virus infection. Criteria for award of the grants shall include the criteria specified under subd. 1. The department shall award 60% of the funding to applying organizations that receive funding under par. (a) 8. and 40% of the funding to applying community-based organizations that are operated by minority group members, as defined in s. 560.036 16.287 (1) (f).

32,2873q Section 2873q. 252.15 (3m) (d) 17. of the statutes is created to read:

252.15 (3m) (d) 17. If the subject of the HIV test is a prisoner, by a person specified in subd. 16. to a correctional officer of the department of corrections who has custody of or is responsible for the supervision of the test subject, to a person designated by a jailer to have custodial authority over the test subject, or to a law enforcement officer or other person who is responsible for transferring the test subject to or from a prison or jail, if the HIV test result is positive and disclosure of that information is necessary for the health and safety of the test subject or of other prisoners, of the person to whom the information is disclosed, or of any employee of the prison or jail.

32,2874 Section 2874. 252.15 (5g) (c) of the statutes is amended to read:

252.15 (5g) (c) A physician, physician assistant, or advanced practice nurse prescriber, based on information provided to the physician, physician assistant, or advanced practice nurse prescriber, determines and certifies in writing that the person has had contact that constitutes a significant exposure. The certification shall accompany the request for HIV testing and disclosure. If the person is a physician, physician assistant, or advanced practice nurse prescriber, he or she may not make this determination or certification. The information that is provided to a physician, physician assistant, or advanced practice nurse prescriber to document the occurrence of the contact that constitutes a significant exposure and the physician's, physician assistant's, or advanced practice nurse prescriber's certification that the person has had contact that constitutes a significant exposure, shall be provided on a report form that is developed by the department of commerce safety and professional services under s. 101.02 (19) (a) or on a report form that the department of commerce safety and professional services determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

32,2875c Section 2875c. 253.07 (title) of the statutes is repealed and recreated to read:

253.07 (title) Women's health block grant.

32,2875f Section 2875f. 253.07 (1) (a) 3. of the statutes is repealed.

32,2875h Section 2875h. 253.07 (1) (b) 3. of the statutes is repealed.

32,2875j Section 2875j. 253.07 (1) (c) of the statutes is created to read:

253.07 (1) (c) "Women's health funds" means state funds appropriated under s. 20.435 (1) (f) or federal funds received by the state under Title V of the federal Social Security Act, 42 USC 701 to 713, that are allocated for the purposes described in this section.

32,2875L Section 2875L. 253.07 (2) (b) of the statutes is amended to read:

253.07 (2) (b) The department shall allocate state and federal family planning women's health funds under its control in a manner which will promote the development and maintenance of an integrated system of community health services. It shall maximize the use of existing community family planning services by encouraging local contractual arrangements.

32,2875n Section 2875n. 253.07 (2) (c) of the statutes is amended to read:

253.07 (2) (c) The department shall coordinate the delivery of family planning services by allocating family planning women's health funds in a manner which maximizes coordination between the agencies.

32,2875p Section 2875p. 253.07 (4) of the statutes is amended to read:

253.07 (4) Family planning Women's health block grant services. From the appropriation account under s. 20.435 (1) (f) and subject to sub. (5), the department shall distribute funds in the following amounts , for all of the following services:

(a) For In each fiscal year, $225,000 to establish and maintain 2 city-based clinics for delivery of family planning services under this section, in the cities of Milwaukee, Racine, or Kenosha.

(b) For In each fiscal year, $67,500 to subsidize the provision by family planning agencies under this section of papanicolaou tests to individuals with low income by entities that receive women's health funds. In this paragraph, "low income" means adjusted gross income that is less than 200% of the poverty line established under 42 USC 9902 (2).

(c) For In each fiscal year, $54,000 to subsidize the provision by family planning agencies under this section of follow-up cancer screening by entities that receive women's health funds.

(d) For In each fiscal year, $31,500 as grants to applying family planning agencies under this section for employment in communities of licensed registered nurses, licensed practical nurses, certified nurse-midwives, or licensed physician assistants who are members of a racial minority.

(e) For In each fiscal year, $36,000 to initiate, in areas of high incidence of the disease chlamydia, education, and outreach programs to locate, educate, and treat individuals at high risk of contracting the disease chlamydia and their partners.

32,2875r Section 2875r. 253.07 (5) of the statutes is created to read:

253.07 (5) Women's health funds. (a) The department shall distribute women's health funds only to public entities. These funds may be allocated for any activities for which funds were provided under this section before the effective date of this paragraph .... [LRB inserts date], including pregnancy testing; perinatal care coordination and follow-up; cervical cancer screening; sexually transmitted infection prevention, testing, treatment, and follow-up; and general health screening.

(b) Subject to par. (c), a public entity that receives women's health funds under this section may provide some or all of the funds to other public or private entities provided that the recipient of the funds does not do any of the following:

1. Provide abortion services.

2. Make referrals for abortion services.

3. Have an affiliate that provides abortion services or makes referrals for abortion services.

(c) Providing abortion services, making referrals for abortion services, or having an affiliate that provides abortion services or makes referrals for abortion services solely under the circumstances described in s. 20.927 (2) does not disqualify an entity from receiving women's health funds from a public entity under par. (b).

32,2877 Section 2877. 253.13 (2) of the statutes is amended to read:

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, by rule, for tests performed under this section sufficient to pay for services provided under the contract. The state laboratory of hygiene board department shall include as part of this the fee established by rule amounts the department determines 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), the costs of administering the hearing screening program under s. 253.115, and the costs of administering the congenital disorder program under this section and shall credit these amounts to the appropriation accounts under s. 20.435 (1) (ja) and (jb).

32,2879 Section 2879. 253.15 (1) (c) of the statutes is amended to read:

253.15 (1) (c) "Health care provider" means any person who is licensed, registered, permitted, or certified by the department of health services or the department of regulation and licensing safety and professional services to provide health care services in this state.

32,2880 Section 2880. 254.02 (3) (a) of the statutes is amended to read:

254.02 (3) (a) The department of agriculture, trade and consumer protection, the department of corrections, the department of commerce safety and professional services, and the department of natural resources shall enter into memoranda of understanding with the department to establish protocols for the department to review proposed rules of those state agencies relating to air and water quality, occupational health and safety, institutional sanitation, toxic substances, indoor air quality, food protection or waste handling and disposal.

32,2881 Section 2881. 254.176 (2) (e) of the statutes is amended to read:

254.176 (2) (e) A person who engages in the business of installing or servicing heating, ventilating or air conditioning equipment if the person is registered with the department of commerce safety and professional services and if the person engages in activities that constitute lead hazard reduction, only to the extent that the activities are within the scope of his or her registration.

32,2883 Section 2883. 254.22 (4) of the statutes is amended to read:

254.22 (4) Assist the department of commerce safety and professional services with the enforcement of s. 101.123.

32,2884 Section 2884. 254.51 (2) of the statutes is amended to read:

254.51 (2) The department shall enter into memoranda of understanding with the department of agriculture, trade and consumer protection, the department of commerce safety and professional services, and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.

32,2886 Section 2886. 254.73 (1) of the statutes is amended to read:

254.73 (1) Every hotel with sleeping accommodations with more than 12 bedrooms above the first story shall, between the hours of 12 midnight and 6 a.m. provide a system of security personnel patrol, or of mechanical and electrical devices, or both, adequate, according to standards established by the department of commerce safety and professional services, to warn all guests and employees in time to permit their evacuation in case of fire.

32,2887 Section 2887. 254.74 (1) (am) of the statutes is amended to read:

254.74 (1) (am) Promulgate rules, in consultation with the department of commerce safety and professional services, under which the department of health services shall conduct regular inspections of sealed combustion units, as required under s. 101.149 (5) (c), for carbon monoxide emissions in hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under s. 101.149 (8) (a). The rules may not require the department of health services to inspect sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

32,2888 Section 2888. 254.78 of the statutes is amended to read:

254.78 Authority of department of commerce safety and professional services. Nothing in this chapter shall affect the authority of the department of commerce safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

32,2889 Section 2889. 254.79 of the statutes is amended to read:

254.79 Joint employment. The department and the department of commerce safety and professional services may employ experts, inspectors or other assistants jointly.

32,2890e Section 2890e. 255.054 (1) of the statutes is amended to read:

255.054 (1) The Medical College of Wisconsin, Inc. , and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under ss. s. 20.250 (2) (h) and 20.285 (1) (gn) the University of Wisconsin Carbone Cancer Center shall use the moneys paid under s. 71.10 (5h) (i) for prostate cancer research projects. These moneys may not be used to supplant funds available for prostate cancer research from other sources.

32,2890m Section 2890m. 255.055 (1) of the statutes is amended to read:

255.055 (1) The Medical College of Wisconsin, Inc. , and the University of Wisconsin Comprehensive Cancer Center shall use the moneys appropriated under ss. s. 20.250 (2) (g) and 20.285 (1) (gm) the University of Wisconsin Carbone Cancer Center shall use the moneys paid under s. 71.10 (5f) (i) for breast cancer research projects. These moneys may not be used to supplant funds available for breast cancer research from other sources.

32,2890s Section 2890s. 255.15 (3) (b) 11. of the statutes is created to read:

255.15 (3) (b) 11. To the Board of Regents of the University of Wisconsin System for advancing the work of the tobacco research and intervention center at the University of Wisconsin-Madison in developing new educational programs to discourage tobacco use, determining the most effective strategies for preventing tobacco use, and expanding smoking cessation programs throughout the state.

32,2894s Section 2894s. 256.125 of the statutes is created to read:

256.125 American Red Cross, Badger Chapter. The department shall distribute the moneys appropriated under s. 20.435 (1) (gd) to the Badger Chapter of the American Red Cross for use through that organization's Wisconsin Disaster Relief Fund.

32,2895k Section 2895k. 256.35 (3m) (h) of the statutes is amended to read:

256.35 (3m) (h) Other charges prohibited. No local government or state agency, as defined in s. 560.9810 16.310 (1), except the commission, may require a wireless provider to collect or pay a surcharge or fee related to wireless emergency telephone service.

32,2895m Section 2895m. 281.16 (2) (am) of the statutes is created to read:

281.16 (2) (am) 1. In this paragraph:

a. "Covered municipality" means a municipality that has been issued an individual municipal separate storm sewer permit under s. 283.33 or that is covered by a general municipal separate storm sewer permit under s. 283.35.

c. "New development" means development resulting from the conversion of previously undeveloped land or agricultural land.

d. "Redevelopment" means development that replaces older development.

2. Except as provided in subd. 3., the department may not enforce a provision in a rule that establishes a date by which a covered municipality must implement methods to achieve a specified reduction in the level of total suspended solids carried by runoff, if the provision requires the covered municipality to achieve a reduction of more than 20 percent. This subdivision does not apply to total suspended solids carried by runoff from new development or redevelopment in a covered municipality.

3. If a covered municipality has achieved, on the effective date of this subdivision .... [LRB inserts date], a reduction of more than 20 percent of total suspended solids carried by runoff, the municipality shall, to the maximum extent practicable, maintain all of the best management practices that the municipality has implemented on or before the effective date of this subdivision .... [LRB inserts date], to achieve that reduction.

32,2896 Section 2896. 281.33 (2) of the statutes is amended to read:

281.33 (2) State storm water management plan. The department, in consultation with the department of commerce safety and professional services, shall promulgate by rule a state storm water management plan. This state plan is applicable to activities contracted for or conducted by any agency, as defined under s. 227.01 (1) but also including the office of district attorney, unless that agency enters into a memorandum of understanding with the department of natural resources in which that agency agrees to regulate activities related to storm water management. The department shall coordinate the activities of agencies, as defined under s. 227.01 (1), in storm water management and make recommendations to these agencies concerning activities related to storm water management.

32,2897 Section 2897. 281.33 (3m) (title) of the statutes is repealed.

32,2898c Section 2898c. 281.33 (3m) (a) of the statutes is renumbered 101.1206 (1) and amended to read:

101.1206 (1) The department shall establish statewide standards for erosion control at building sites for the construction of public buildings, as defined in s. 101.01 (12), and buildings that are places of employment, as defined in s. 101.02 101.01 (11).

32,2899 Section 2899. 281.33 (3m) (b) of the statutes is renumbered 101.1206 (2) and amended to read:

101.1206 (2) The department shall require the submission of plans for erosion control at construction sites described in par. (a) sub. (1) to the department or to a county, city, village, or town to which the department has delegated authority under par. (d) sub. (4) and shall require approval of those plans by the department or the county, city, village, or town.

32,2900 Section 2900. 281.33 (3m) (c) of the statutes is renumbered 101.1206 (3) and amended to read:

101.1206 (3) The department shall require inspection of erosion control activities and structures at construction sites described in par. (a) sub. (1) by the department or a county, city, village, or town to which the department has delegated authority under par. (d) sub. (4).