1995 Wisconsin Act 27

1. The scope of proposed services, including the proposed targeted population and numbers of persons proposed to be served.

2. The proposed methodology for the prevention services, including distribution and delivery of information and appropriateness of the message provided.

3. The qualifications of the applicant nonprofit corporation or public agency and its staff.

4. The proposed allocation of grant funds to the nonprofit corporation or public agency staff and services.

5. The proposed method by which the applicant would evaluate the impact of the grant funds awarded.

27,6322 Section 6322 . 252.14 (1) (d) of the statutes is amended to read:

252.14 (1) (d) “Inpatient health care facility" means a hospital, nursing home, community-based residential facility, county home, county mental health complex, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076 or a facility under s. 45.365, 48.62, 51.05, 51.06 or 252.10 or ch. 142.

27,6323 Section 6323 . 252.15 (2) (a) 7. ak. of the statutes is amended to read:

252.15 (2) (a) 7. ak. A physician, based on information provided to the physician, determines and certifies in writing that the affected person has been significantly exposed. The certification shall accompany the request for testing and disclosure. If the affected person who is significantly exposed is a physician, he or she may not make this determination or certification. The information that is provided to a physician to document the occurrence of a significant exposure and the physician's certification that an affected person has been significantly exposed, under this subd. 7. ak., shall be provided on a report form that is developed by the department of industry, labor and human relations development under s. 101.02 (19) (a) or on a report form that the department of industry, labor and human relations development determines, under s. 101.02 (19) (b), is substantially equivalent to the report form that is developed under s. 101.02 (19) (a).

27,6324 Section 6324 . 252.16 (2) of the statutes is amended to read:

252.16 (2) Subsidy program. From the appropriation under s. 20.435 (1) (am), the department shall distribute not more than $197,900 in fiscal year 1993-94 and not more than $280,400 in fiscal year 1994-95 funding in each fiscal year to subsidize the premium costs under s. 252.17 (2) and, under this subsection, the premium costs for continuation coverage available to an individual who has HIV infection and who is unable to continue his or her employment or must reduce his or her hours because of an illness or medical condition arising from or related to HIV infection.

27,6324g Section 6324g. 252.22 (title) and (1) to (3) of the statutes are renumbered 93.12 (title) and (1) to (3).

27,6324h Section 6324h. 252.22 (4) of the statutes is renumbered 93.12 (4) and amended to read:

93.12 (4) The department, after conducting an evaluation for each specialty area and after receiving a fee for each specialty area from the laboratory, shall issue a certificate of approval to the laboratory covering those examinations which have met the minimum standards established by the department. The department shall issue an interim certificate of approval for an approved laboratory that applies for initial certification, which shall be valid for the remainder of the calendar year for which it is issued. Certification renewals shall be issued on a calendar-year basis. Specialty fees for certification of an initially certified laboratory and a certified laboratory that applies to expand its current certification with newly established specialties shall be prorated at one-twelfth of the annual fee for each month remaining in the calendar year for which the certificate of approval is issued. A certificate of approval shall be revoked by the department if the minimum standards established by the department for certification are not met within 2 successive evaluations. Fees collected under this subsection shall be credited to the appropriation under s. 20.115 (1) (gb).

27,6324i Section 6324i. 252.22 (5) and (6) of the statutes are renumbered 93.12 (5) and (6).

27,6324j Section 6324j. 252.22 (7) of the statutes is renumbered 93.12 (7) and amended to read:

93.12 (7) The department shall promulgate rules establishing a fee schedule to offset the cost of the certification of laboratories and the collection of fees under sub. (4).

27,6324k Section 6324k. 252.22 (8) and (9) of the statutes are renumbered 93.12 (8) and (9).

27,6326 Section 6326 . 253.085 (1) of the statutes is amended to read:

253.085 (1) The department shall conduct an outreach program to make low-income pregnant women aware of the importance of early prenatal health care and of the availability of medical assistance benefits under ss. 49.45 to 49.47 subch. IV of ch. 49 and other types of funding for prenatal care, to refer women to prenatal care services in the community and to make follow-up contacts with women referred to prenatal care services.

27,6327 Section 6327 . 254.02 (3) (a) of the statutes is amended to read:

254.02 (3) (a) The departments department of agriculture, trade and consumer protection, the department of corrections, industry, labor and human relations the department of development, 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.

27,6328g Section 6328g. 254.151 (1) (intro.) of the statutes is renumbered 254.151 (intro.) and amended to read:

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

(1) To fund educational programs about the dangers of lead poisoning or lead exposure; to.

(2) To fund lead poisoning or lead exposure screening, care coordination and follow-up services, including lead inspections, to children under age 6 who are not covered by a 3rd-party payer; to.

(3) To fund administration or enforcement of responsibilities delegated under s. 254.152; to.

(4) To fund other activities related to lead poisoning or lead exposure; or to.

(5) To fund any combination of these the purposes: under subs. (1) to (4).

27,6328h Section 6328h. 254.151 (1) (a) to (c) of the statutes are repealed.

27,6328i Section 6328i. 254.151 (2) of the statutes is renumbered 254.151 (6) and amended to read:

254.151 (6) From the appropriation under s. 20.435 (1) (ef), the department shall award not more than $40,000 in each fiscal year to To develop and implement outreach and education programs for health care providers to inform them of the need for lead poisoning or lead exposure screening and of the requirements of this subchapter relating to lead poisoning or lead exposure.

27,6330 Section 6330 . 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 industry, labor and human relations development 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.

27,6331 Section 6331 . 254.22 (4) of the statutes is amended to read:

254.22 (4) Assist the department of industry, labor and human relations development with the enforcement of s. 101.123.

27,6332 Section 6332 . 254.33 of the statutes is amended to read:

254.33 Public policy. Since radiations and their sources can be instrumental in the improvement of the health and welfare of the public if properly utilized, and may be destructive or detrimental to life or health if carelessly or excessively employed or may detrimentally affect the environment of the state if improperly utilized, it is hereby declared to be the public policy of this state to encourage the constructive uses of radiation and to prohibit and prevent exposure to radiation in amounts which are or may be detrimental to health. It is further the policy to advise, consult and cooperate with the department of industry, labor and human relations development and other agencies of the state, the federal government, other states and interstate agencies and with affected groups, political subdivisions and industries; and, in general, to conform as nearly as possible to nationally accepted standards in the promulgation and enforcement of rules.

27,6333 Section 6333 . 254.34 (1) (intro.) of the statutes is amended to read:

254.34 (1) (intro.)  The department and the department of industry, labor and human relations development shall:

27,6334 Section 6334 . 254.34 (2) (intro.) of the statutes is amended to read:

254.34 (2) (intro.)  The department, serving as the lead agency, and the department of industry, labor and human relations development may:

27,6335 Section 6335 . 254.35 (1) of the statutes is amended to read:

254.35 (1) Application. Every site in this state having an ionizing radiation installation, not exempted by this section or the rules of the department shall be registered by the department by January 1, 1964, by the person in control of an installation, including installations in sites that are administered by a state agency or in an institution under the jurisdiction of a state agency, and no such ionizing radiation installation may be operated thereafter unless the site has been duly registered by January 1 of each year and a notice of the registration is possessed by the person in control. Every site having an ionizing radiation installation established in this state after July 20, 1985, shall be registered prior to its operation. The application for registration shall be made on forms provided by the department which shall be devised to obtain any information that is considered necessary for evaluation of hazards. Multiple radiation sources at a single radiation installation and under the control of one person shall be listed on a single registration form. Registration fees shall be levied in accordance with sub. (3). Registration alone shall not imply approval of manufacture, storage, use, handling, operation or disposal of the radiation installation or radioactive materials, but shall serve merely to inform the department of the location and character of radiation sources. The department shall furnish the department of industry, labor and human relations development with a copy of each amended and new registration. Persons engaged in manufacturing, demonstration, sale, testing or repair of radiation sources shall not be required to list such sources on the registration form.

27,6336 Section 6336 . 254.37 (1) of the statutes is amended to read:

254.37 (1) Notification of violation and order of abatement. Whenever the department or the department of industry, labor and human relations development finds, upon inspection and examination, that a source of radiation as constructed, operated or maintained results in a violation of this subchapter or of any rules promulgated under this subchapter, it shall notify the person in control that is causing, allowing or permitting the violation as to the nature of the violation and order that, prior to a specified time, the person in control shall cease and abate causing, allowing or permitting the violation and take such action as may be necessary to have the source of radiation constructed, operated, or maintained in compliance with this subchapter and rules promulgated under this subchapter.

27,6337 Section 6337 . 254.37 (2) of the statutes is amended to read:

254.37 (2) Orders. The department or the department of industry, labor and human relations development shall issue and enforce such orders or modifications of previously issued orders as may be required in connection with proceedings under this subchapter. The orders shall be subject to review by the department upon petition of the persons affected. Whenever the department or the department of industry, labor and human relations development finds that a condition exists which constitutes an immediate threat to health due to violation of this subchapter or any rule or order promulgated under this subchapter, it may issue an order reciting the existence of the threat and the findings pertaining to the threat. The department or the department of industry, labor and human relations development may summarily cause the abatement of the violation.

27,6338 Section 6338. 254.37 (3) of the statutes is amended to read:

254.37 (3) Rules. The department shall enforce the rules pertaining to ionizing radiation in establishments principally engaged in furnishing medical, surgical, chiropractic and other health services to persons and animals. The department of industry, labor and human relations development shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of industry, labor and human relations development and deliver to it a copy of each new registration and at such time a decision shall be made as to which state agency shall enforce the rules pertaining to ionizing radiation. The department and the department of industry, labor and human relations development are directed to consult with the radiation protection council in case of jurisdictional problems.

27,6339 Section 6339 . 254.38 of the statutes is amended to read:

254.38 Impounding materials. The department or department of industry, labor and human relations development may impound or order the sequestration of sources of radiation in the possession of any person who is not equipped to observe or who fails to observe safety standards to protect health that are established in rules promulgated by the department or the department of industry, labor and human relations development.

27,6340 Section 6340 . 254.45 of the statutes is amended to read:

254.45 Penalties. Any person who violates any provision of this subchapter or any rule or order of the department, or of the department of industry, labor and human relations development, issued under this subchapter shall forfeit not less than $10 nor more than $500. Each day of continued violation after notice of the fact that a violation is being committed shall be considered a separate offense. If the injury or death of an employe is caused by a failure of an employer to observe or enforce any rule issued under this subchapter, compensation and death benefits shall be increased by 15% as provided in s. 102.57.

27,6341 Section 6341 . 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 industry, labor and human relations development and the department of natural resources regarding the investigation and control of animal-borne and vector-borne disease.

27,6342 Section 6342 . 254.56 of the statutes is amended to read:

254.56 Public places. The owner and occupant and everyone in charge of a public building, as defined in s. 101.01 (2) (g) (12), shall keep the building clean and sanitary.

27,6343 Section 6343 . 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 industry, labor and human relations development, to warn all guests and employes in time to permit their evacuation in case of fire.

27,6343m Section 6343m. 254.74 (1m) of the statutes is created to read:

254.74 (1m) (a) The department may grant an applicant for a permit to maintain, manage or operate a bed and breakfast establishment a waiver from the requirement specified under s. 254.61 (1) (f) if the department determines that all of the following are true:

1. The public health, safety or welfare would not be jeopardized.

2. The establishment seeking the waiver is in compliance with the requirements under s. 256.61 (1) (a) to (e).

(b) A waiver granted under par. (a) is valid for the period of validity of a permit that is issued to the applying bed and breakfast establishment under s. 254.64 (1) (b).

27,6344 Section 6344 . 254.78 of the statutes is amended to read:

254.78 (title) Authority of department of industry, labor and human relations development . Nothing in this chapter shall affect the authority of the department of industry, labor and human relations development relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

27,6345 Section 6345 . 254.79 of the statutes is amended to read:

254.79 Joint employment. The department and the department of industry, labor and human relations development may employ experts, inspectors or other assistants jointly.

27,6346 Section 6346 . 255.05 (1) (a) of the statutes is amended to read:

255.05 (1) (a) “Institution" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium, community-based residential facility or other place licensed or approved by the department under ss. 49.14, 49.16, 49.171, 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, 51.09, 58.06, 252.073 and 252.076.

27,6347 Section 6347 . 255.06 (2) (intro.) of the statutes is amended to read:

255.06 (2) Breast cancer screening program. (intro.) From the appropriation under s. 20.435 (1) (cc), the department shall administer a breast cancer screening program and shall, in each fiscal year, do all of the following:

27,6348 Section 6348 . 255.06 (2) (a) (intro.) of the statutes is amended to read:

255.06 (2) (a) (intro.) Award not more than $422,600 as grants for provision of mammography breast cancer screening services to women who are aged 40 years or older and who reside in the 12 rural counties that the department specifies by rule as having the highest incidence in the state of late-stage breast cancer. Grants shall be awarded to an applying hospital or organization that has a mammography unit available for use in an area of service under this paragraph and that is selected by the department under procedures established by the department. Payment for services provided under a grant shall be as follows:

27,6349 Section 6349 . 255.06 (2) (c) of the statutes is amended to read:

255.06 (2) (c) Distribute not more than $115,200 in each fiscal year as a grant to the city of Milwaukee public health department for the performance of breast cancer screening activities with the use of a mobile mammography van.

27,6350 Section 6350 . 255.06 (3) of the statutes is repealed.

27,6351 Section 6351 . 255.30 (4) of the statutes is amended to read:

255.30 (4) The state superintendent department of public instruction education shall prepare and circulate to each public and private educational institution in this state instructions and recommendations for implementing the eye safety provisions of this section.

27,6352 Section 6352 . 301.001 of the statutes is amended to read:

301.001 Purposes of chapters. The purposes of this chapter and chs. 302 to 304 are to prevent delinquency and crime by an attack on its their causes; to provide a just, humane and efficient program of rehabilitation of offenders; and to coordinate and integrate corrections programs with other social services. In creating the department of corrections, chs. 301 to 304, the legislature intends that the state continue to avoid sole reliance on incarceration of offenders and continue to develop, support and maintain professional community programs and placements.

27,6353m Section 6353m. 301.01 (4) of the statutes is amended to read:

301.01 (4) “State correctional institution" means a state prison under s. 302.01 or a secured correctional facility, as defined in s. 48.02 (15m).

27,6353p Section 6353p. 301.025 of the statutes is created to read:

301.025 Division of juvenile corrections. The division of juvenile corrections shall exercise the powers and perform the duties of the department that relate to juvenile correctional services and institutions, juvenile offender review, aftercare, corrective sanctions, the juvenile boot camp program under s. 48.532, the serious juvenile offender program under s. 48.538 and youth aids.

27,6353r Section 6353r. 301.026 of the statutes is created to read:

301.026 Gang violence prevention. The gang violence prevention council shall conduct public hearings and surveys to solicit the opinions and recommendations of citizens and public officials regarding strategies and programs to prevent children from becoming influenced by and involved with gangs and, based on those opinions and recommendations, submit an annual report to the appropriate standing committees of the legislature under s. 13.172 (3), the cochairpersons of the joint committee on finance and the secretary, and otherwise provide information and recommendations to interested persons, on ways to improve those existing strategies and programs and ways to establish new strategies and programs to prevent children from becoming influenced by and involved with gangs.

27,6354 Section 6354 . 301.027 of the statutes is created to read: