1997 Wisconsin Act 27

27,3452g Section 3452g. 253.10 (3) (d) 1. of the statutes is amended to read:

253.10 (3) (d) 1. Geographically indexed materials that are designed to inform a woman about public and private agencies, including adoption agencies, and services that are available to provide information on family planning, as defined in s. 253.07 (1) (a), including natural family planning information, to provide ultrasound imaging services, to assist her if she has received a diagnosis that her unborn child has a disability or if her pregnancy is the result of sexual assault or incest and to assist her through pregnancy, upon childbirth and while the child is dependent. The materials shall include a comprehensive list of the agencies available, a description of the services that they offer and a description of the manner in which they may be contacted, including telephone numbers and addresses, or, at the option of the department, the materials shall include a toll-free, 24-hour telephone number that may be called to obtain an oral listing of available agencies and services in the locality of the caller and a description of the services that the agencies offer and the manner in which they may be contacted. The materials shall provide information on the availability of governmentally funded programs that serve pregnant women and children. Services identified for the woman shall include aid to families with dependent children under s. 49.19, medical assistance for pregnant women and children under s. 49.47 (4) (am), the job opportunities and basic skills program under s. 49.193, the availability of family or medical leave under s. 103.10, child care services, child support laws and programs and the credit for expenses for household and dependent care and services necessary for gainful employment under section 21 of the internal revenue code. The materials shall state that it is unlawful for any person to coerce a woman to undergo an abortion to perform an abortion for which consent has been coerced, that any physician who performs or induces an abortion without obtaining the woman's voluntary and informed consent is liable to her for damages in a civil action and is subject to a civil penalty, that the father of a child is liable for assistance in the support of the child, even in instances in which the father has offered to pay for an abortion, and that adoptive parents may pay the costs of prenatal care, childbirth and neonatal care. The materials shall include information, for a woman whose pregnancy is the result of sexual assault or incest, on legal protections available to the woman and her child if she wishes to oppose establishment of paternity or to terminate the father's parental rights. The materials shall state that fetal ultrasound imaging and auscultation of fetal heart tone services are obtainable by pregnant women who wish to use them and shall describe the services.

27,3452m Section 3452m. 253.10 (3) (e) of the statutes is amended to read:

253.10 (3) (e) Requirement to obtain materials. A physician who intends to perform or induce an abortion or another qualified physician, who reasonably believes that he or she might have a patient for whom the information under par. (d) is required to be given, shall request a reasonably adequate number of the materials that are described under par. (d) from the department under par. (d) or from a county department as specified under s. 46.245 (1).

27,3452s Section 3452s. 253.10 (7) of the statutes is amended to read:

253.10 (7) Affirmative defense. No person is liable under sub. (5) or (6) or under s. 441.07 (1) (f), 448.02 (3) (a) or 457.26 (2) (gm) for failure under sub. (3) (c) 2. d. to provide the printed materials described in sub. (3) (d) to a woman or for failure under sub. (3) (c) 2. d., e. or , f. or g. to describe the contents of the printed materials if the person has made a reasonably diligent effort to obtain the printed materials under sub. (3) (e) and s. 46.245 (1) and the department and the county department under s. 46.215, 46.22 or 46.23 have not made the printed materials available at the time that the person is required to give them to the woman.

27,3455 Section 3455 . 254.151 (intro.) of the statutes is amended to read:

254.151 Lead poisoning or lead exposure prevention grants. (intro.) From the appropriation under s. 20.435 (1) (5) (ef), the department shall award the following grants under criteria that the department shall establish in rules promulgated under this section:

27,3455m Section 3455m. 254.151 (7) of the statutes is created to read:

254.151 (7) In each fiscal year, $125,000 to fund lead screening and outreach activities at a community-based human service agency that provides primary health care, health education and social services to low-income individuals in 1st class cities.

27,3469 Section 3469 . 254.34 (4) of the statutes is amended to read:

254.34 (4) The department shall develop standards of performance for the regional radon centers and, from the appropriation under s. 20.435 (1) (5) (ed), the department shall allocate funds based on compliance with the standards to provide radon protection information dissemination from the regional radon centers.

27,3470d Section 3470d. 254.36 (1) of the statutes is repealed.

27,3470h Section 3470h. 254.36 (2) of the statutes is renumbered 254.36 and amended to read:

254.36 (title) Radiation protection council. The department, on the recommendation of the council, shall promulgate a radiation protection code. Other departments and agencies of state government and local governmental units may adopt the identical code, but no other rule, code or ordinance relating to this subject may be promulgated or enacted except as provided under ss. 166.03 (2) (b) 6., 293.15 (8) and 293.25.

27,3470p Section 3470p. 254.36 (3) to (7) of the statutes are repealed.

27,3470t Section 3470t. 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 commerce shall enforce the rules pertaining to ionizing radiation in industrial establishments. The department shall notify the department of commerce 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 commerce are directed to consult with the radiation protection council in case of jurisdictional problems.

27,3473 Section 3473 . 254.52 (2) (intro.) of the statutes is amended to read:

254.52 (2) (intro.)  The department, in consultation with the department of education public instruction, the department of natural resources and the department of agriculture, trade and consumer protection, shall do all of the following:

27,3473m Section 3473m. 254.61 (5) (g) of the statutes is created to read:

254.61 (5) (g) A concession stand at a locally sponsored sporting event, such as a little league game.

27,3476e Section 3476e. 254.71 (4) of the statutes is repealed.

27,3476m Section 3476m. 254.71 (5) of the statutes is amended to read:

254.71 (5) The department shall conduct evaluations of the effect that the food protection practices certification program has on compliance by restaurants with requirements established under s. 254.74 (1) and provide the evaluations, as requested, to the council on food protection practices.

27,3476r Section 3476r. 254.71 (6) (intro.) of the statutes is amended to read:

254.71 (6) (intro.) The department, after consulting with the council on food protection practices, shall promulgate rules concerning all of the following:

27,3479 Section 3479 . 255.05 (2) of the statutes is amended to read:

255.05 (2) From the appropriation under s. 20.435 (1) (5) (cc), the department shall allocate up to $400,000 in each fiscal year to provide 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.

27,3480 Section 3480 . 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) (5) (cc), the department shall administer a breast cancer screening program and shall, in each fiscal year, do all of the following:

27,3481 Section 3481 . 255.07 (2) of the statutes is amended to read:

255.07 (2) From the appropriation under s. 20.435 (1) (5) (cc), the department shall distribute not more than $25,000 in each fiscal year to applying organizations for the provision of specialized training of nurse practitioners to perform, in rural areas, colposcopic examinations and follow-up activities for treatment of cervical cancer.

27,3482 Section 3482 . 255.075 of the statutes is created to read:

255.075 Health screening for low-income women. From the appropriation account under s. 20.435 (5) (cb), the department shall on a regional basis award funds, as determined by the department, to applicants to provide health care screening, referral, follow-up and patient education to low-income, underinsured and uninsured women. Award of a grant to an applicant under this section is conditioned upon receipt by the department of an agreement by the applicant to provide funds or in-kind services to match 25% of the amount of a grant awarded.

27,3484m Section 3484m. 255.10 of the statutes is created to read:

255.10 Thomas T. Melvin youth tobacco prevention and education program. From the appropriation under s. 20.435 (5) (dg), 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:

(1) Community education provided through local community initiatives.

(2) A multimedia education campaign directed at encouraging minors not to begin using tobacco, motivating and assisting adults to stop using tobacco and changing public opinion on the use of tobacco.

(3) Public education through grants to schools to expand and implement curricula on tobacco education.

(4) Research on methods by which to discourage use of tobacco.

(5) Evaluation of the program under this section.

27,3485 Section 3485 . 255.30 (4) of the statutes is amended to read:

255.30 (4) The department of education state superintendent of public instruction 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.

27,3487 Section 3487 . 280.97 of the statutes is amended to read:

280.97 Penalties. Any person, firm or corporation who engages in or follows the business or occupation of, or advertises or holds himself, herself or itself out as or acts temporarily or otherwise as a well driller or pump installer without having first secured the required permit or certificate of registration or renewal thereof, or who otherwise violates any provision of this chapter, shall be fined not less than $10 or more than $100 or imprisoned not less more than 30 days, or both. Each day during which a violation continues shall constitute a separate and distinct offense, and may be punished separately.

27,3487d Section 3487d. 281.15 (6) of the statutes is created to read:

281.15 (6) Notwithstanding sub. (1), the department shall classify the Willow flowage as an outstanding resource water under s. NR 102.10, Wis. Adm. Code.

27,3487p Section 3487p. 281.16 of the statutes is created to read:

281.16 Water quality protection; nonpoint sources. (1) Definitions. In this section:

(a) “Agricultural facility" means a structure associated with an agricultural practice.

(b) “Agricultural practice" means beekeeping; commercial feedlots; dairying; egg production; floriculture; fish or fur farming; grazing; livestock raising; orchards; poultry raising; raising of grain, grass, mint and seed crops; raising of fruits, nuts and berries; sod farming; placing land in federal programs in return for payments in kind; owning land, at least 35 acres of which is enrolled in the conservation reserve program under 16 USC 3831 to 3836; and vegetable raising.

(c) “Livestock operation" means a feedlot or other facility or a pasture where animals are fed, confined, maintained or stabled.

(d) “Navigable waters" has the meaning given in s. 281.31 (2) (d).

(e) “Nonpoint source" means a facility or practice that causes, or has the potential to cause, nonpoint source water pollution.

(f) “Nonpoint source water pollution" means pollution of waters of the state that does not result from a point source, as defined in s. 283.01 (12).

(g) “Water quality management area" means any of the following:

1. The area within 1,000 feet from the ordinary high-water mark of navigable waters that consist of a lake, pond or flowage, except that, for a navigable water that is a glacial pothole lake, “water quality management area" means the area within 1,000 feet from the high-water mark of the lake.

2. The area within 300 feet from the ordinary high-water mark of navigable waters that consist of a river or stream.

3. A site that is susceptible to groundwater contamination or that has the potential to be a direct conduit for contamination to reach groundwater.

(h) Notwithstanding s. 281.01 (18), “ waters of the state" has the meaning given in s. 283.01 (20).

(2) Nonpoint sources that are not agricultural. (a) The department shall, by rule, prescribe performance standards and prohibitions for facilities and practices that are nonpoint sources and that are not agricultural facilities or agricultural practices. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution.

(b) The department shall, by rule, specify a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

(c) Using the process specified under par. (b), the department shall develop and disseminate technical standards to implement the performance standards and prohibitions under par. (a). The department shall develop and disseminate alternative technical standards for situations in which more than one method exists to implement the performance standards and prohibitions.

(3) Nonpoint sources that are agricultural. (a) The department of natural resources, in consultation with the department of agriculture, trade and consumer protection, shall promulgate rules prescribing performance standards and prohibitions for agricultural facilities and agricultural practices that are nonpoint sources. The performance standards and prohibitions shall be designed to achieve water quality standards by limiting nonpoint source water pollution. At a minimum, the prohibitions shall include all of the following:

1. That a livestock operation may have no overflow of manure storage structures.

2. That a livestock operation may have no unconfined manure pile in a water quality management area.

3. That a livestock operation may have no direct runoff from a feedlot or stored manure into the waters of the state.

4. That a livestock operation may not allow unlimited access by livestock to waters of the state in a location where high concentrations of animals prevent the maintenance of adequate sod cover.

(b) The department of agriculture, trade and consumer protection, in consultation with the department of natural resources, shall promulgate rules prescribing conservation practices to implement the performance standards and prohibitions under par. (a) and specifying a process for the development and dissemination of technical standards to implement the performance standards and prohibitions under par. (a).

(c) Using the process specified under par. (b), the department of agriculture, trade and consumer protection shall develop and disseminate technical standards to implement the performance standards and prohibitions under par. (a). The department of agriculture, trade and consumer protection shall disseminate alternative technical standards for situations in which more than one method exists to implement the performance standards and prohibitions.

(d) The conservation practices and technical standards under pars. (b) and (c) shall at a minimum cover animal waste management, nutrients applied to the soil and cropland sediment delivery.

(e) An owner or operator of an agricultural facility or practice that is in existence before the effective date of this paragraph .... [revisor inserts date], 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 sub. (5) or 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 sub. (5) or 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.

(4) Application to animal feeding operations. If the department issues a notice of discharge under ch. 283 for an animal feeding operation, the performance standards, prohibitions, conservation practices and technical standards under sub. (3) apply to the animal feeding operation, except that if the animal feeding operation is in existence before the effective date of this subsection .... [revisor inserts date], the performance standards, prohibitions, conservation practices and technical standards only apply if the department determines that cost-sharing is available to the owner or operator of the animal feeding operation under sub. (5), s. 92.14 or 281.65 or from any other source.

(5) Cost-sharing for compliance. From the appropriation under s. 20.866 (2) (te) or (tf), the department shall provide cost-sharing grants to persons to whom cost-sharing is not available from other sources for projects to assist agricultural facilities to comply with the performance standards, prohibitions, conservation practices and technical standards under sub. (3). The department shall promulgate rules for the administration of the program under this subsection.

27,3488 Section 3488 . 281.17 (3) of the statutes is amended to read:

281.17 (3) The department shall promulgate rules establishing an examining program for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles operated under a license issued under s. 281.48 (3), setting such standards as the department finds necessary to accomplish the purposes of this chapter and chs. 285 and 289 to 299, including requirements for continuing education. The department may charge applicants a fee for certification. All moneys collected under this subsection for the certification of operators of water systems, wastewater treatment plants and septage servicing vehicles shall be credited to the appropriation under s. 20.370 (2) (4) (bL). No person may operate a water systems, wastewater treatment plant or septage servicing vehicle without a valid certificate issued under this subsection. The department may suspend or revoke a certificate issued under this subsection for a violation of any statute or rule relating to the operation of a water system or wastewater treatment plant or to septage servicing, for failure to fulfill the continuing education requirements or as provided under s. 145.245 (3). The owner of any wastewater treatment plant shall be, or shall employ, an operator certified under this subsection who shall be responsible for plant operations, unless the department by rule provides otherwise. In this subsection, “wastewater treatment plant" means a system or plant used to treat industrial wastewater, domestic wastewater or any combination of industrial wastewater and domestic wastewater.

27,3489 Section 3489 . 281.17 (8) of the statutes is amended to read:

281.17 (8) The department may establish, administer and maintain a safe drinking water program no less stringent than the requirements of the safe drinking water act of 1974, P.L. 93-523, 88 Stat. 1660, 42 USC 300f to 300j-26.

27,3490 Section 3490 . 281.17 (9) of the statutes is created to read:

281.17 (9) The department may require owners of water systems to demonstrate the technical, managerial and financial capacity to comply with national primary drinking water regulations under 42 USC 300g-1 and may assist owners of water systems to develop that capacity.

27,3491 Section 3491 . 281.19 (2) (a) of the statutes is amended to read:

281.19 (2) (a) The department may issue special orders directing particular owners to remedy violations of the safe drinking water program under s. 281.17 (8) and (9) or to secure such operating results toward the control of pollution of the waters of the state as the department prescribes, within a specified time. Pending efforts to comply with any order, the department may permit continuance of operations on such conditions as it prescribes. If any owner cannot comply with an order within the time specified, the owner may, before the date set in the order, petition the department to modify the order. The department may modify the order, specifying in writing the reasons therefor. If any order is not complied with within the time period specified, the department shall immediately notify the attorney general of this fact. Within 30 days thereafter, the attorney general shall forthwith commence an action under s. 299.95.

27,3492 Section 3492 . 281.22 (2m) of the statutes is created to read:

281.22 (2m) Fee for expedited service. (a) The department, by rule, may charge a supplemental fee for a determination under sub. (1) that is in addition to the fee charged under sub. (1) if all of the following apply:

1. The applicant requests in writing that the determination be issued within a time period that is shorter than the time limit promulgated under par. (b) for the determination.

2. The department verifies that it will be able to comply with the request.

(b) If the department promulgates a rule under par. (a), the rule shall contain for a time limit for making determinations under sub. (1).

27,3494 Section 3494 . 281.48 (4s) (d) of the statutes is amended to read: