1999 Wisconsin Act 9

3. Propose statutory and rule changes necessary to ensure compliance with federal law.

4. Study the feasibility of distributing drafts to participants via the electronic benefit transfer system established under s. 49.129 and advise the department and the legislature regarding any policies necessary to ensure that no additional costs be incurred by vendors under the electronic benefit transfer system.

5. Submit a report to the secretary and to the legislature in the manner described under s. 13.172 (2) that details the council's recommendations for increasing the number of vendors participating in the program under this section.

(c) This subsection does not apply beginning on January 1, 2002.

9,2439 Section 2439. 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, the Wisconsin works program under ss. 49.141 to 49.161, 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 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.

9,2439r Section 2439r. 253.115 of the statutes is created to read:

253.115 Newborn hearing screening programs. (1) In this section:

(a) "Hearing loss" means an inability in one or both ears to detect sounds at 30 decibels hearing level or greater in the frequency region of 500 to 4,000 hertz, which affects speech recognition and auditory comprehension.

(b) "Hertz" means a unit of frequency equal to one cycle per second.

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

(d) "Infant" means a child from birth to 3 months of age.

(e) "Newborn hearing screening program" means a system of a hospital under which an infant may be tested, using currently available medical techniques, to determine if the infant has a hearing loss.

(2) Beginning July 1, 2002, the department shall annually collect information from hospitals for the previous calendar year concerning the numbers of deliveries in each hospital and the availability in each hospital of a newborn hearing screening program. From this information, by July 31, 2003, and annually thereafter, the department shall determine the percentage of deliveries in this state that are performed in hospitals that have newborn hearing screening programs and shall report this information to the appropriate standing committees of the legislature under s. 13.172 (3).

(3) If, by August 5, 2003, the department determines that fewer than 88% of all deliveries in this state are performed in hospitals that have a newborn hearing screening program and so notifies the hospitals, every hospital shall, by January 1, 2004, have a newborn hearing screening program that is available to all infants who are delivered in the hospital.

(4) From the appropriation under section 20.435 (5) (jk), the department shall award up to $333,000 in each fiscal year as grants to applying hospitals to fund the costs of establishing newborn hearing screening programs, as follows:

(a) For the period from January 1, 2000, to June 30, 2001, the department shall award moneys under this subsection only for payment of costs of capital equipment.

(b) For the period from July 1, 2001, to December 31, 2002, the department shall award moneys under this subsection for payment of training or any other initial costs of establishing a newborn hearing screening program.

9,2439s Section 2439s. 253.115 (4) of the statutes, as created by 1999 Wisconsin Act .... (this act), is repealed.

9,2440g Section 2440g. 254.115 (1) (intro.) of the statutes is amended to read:

254.115 (1) (intro.) The Except as provided in sub. (1m), the department shall require each applicant to provide the department with the applicant's social security number, if the applicant is an individual, or the applicant's federal employer identification number, if the applicant is not an individual, as a condition of issuing or renewing any of the following:

9,2440h Section 2440h. 254.115 (1m) of the statutes is created to read:

254.115 (1m) If an individual who applies for or to renew a certification, certification card or permit under sub. (1) does not have a social security number, the individual, as a condition of obtaining the certification, certification card or permit, shall submit a statement made or subscribed under oath or affirmation to the department that the applicant does not have a social security number. The form of the statement shall be prescribed by the department of workforce development. A certification, certification card or permit issued or renewed in reliance upon a false statement submitted under this subsection is invalid.

9,2440i Section 2440i. 254.115 (3) of the statutes is amended to read:

254.115 (3) The Except as provided in sub. (1m), the department shall deny an application for the issuance or renewal of a certification, certification card or permit specified in sub. (1) if the applicant does not provide the information specified in sub. (1).

9,2441 Section 2441. 254.31 (1) (b) of the statutes is created to read:

254.31 (1) (b) The tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.

9,2442 Section 2442. 254.31 (2) of the statutes is created to read:

254.31 (2) "Decommissioning" means conducting final operational activities at a nuclear facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material and to carry out any other activities necessary to prepare the site for postoperational care.

9,2443 Section 2443. 254.31 (2m) of the statutes is created to read:

254.31 (2m) "General license" means a license, under requirements prescribed by the department by rule, to possess, use, transfer or acquire by-product material or devices or equipment utilizing by-product material without the filing of a license application by a person or issuance of licensing confirmation by the department.

9,2444 Section 2444. 254.31 (3) of the statutes is renumbered 254.31 (1) (intro.) and amended to read:

254.31 (1) (intro.) "By-product material" means any radioactive of the following:

(a) Radioactive material (,except special nuclear material), yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

9,2445 Section 2445. 254.31 (3g) of the statutes is repealed and recreated to read:

254.31 (3g) "Ionizing radiation" means all radiations capable of producing ions directly or indirectly in their passage through matter, including all of the following:

(a) Electromagnetic radiations, including X-rays and gamma rays.

(b) Particulate radiations, including electrons, beta particles, protons, neutrons, alpha particles and other nuclear particles.

9,2446 Section 2446. 254.31 (5) of the statutes is created to read:

254.31 (5) "Radiation generating equipment" means a system, manufactured product or device or component part of such a product or device that, during operation, is capable of generating or emitting ionizing radiation without the use of radioactive material. "Radiation generating equipment" does not include a device that emits nonionizing radiation.

9,2447 Section 2447. 254.31 (6) of the statutes is amended to read:

254.31 (6) "Radiation installation" is any location or facility where radiation machines are generating equipment is used or where radioactive material is produced, transported, stored, disposed of or used for any purpose.

9,2448 Section 2448. 254.31 (7) of the statutes is repealed.

9,2449 Section 2449. 254.31 (8) of the statutes is renumbered 254.31 (9m) and amended to read:

254.31 (9m) "Radioactive material" includes any solid, liquid or gaseous substance which emits ionizing radiation spontaneously, including accelerator-produced material, by-product material, naturally occurring material, source material and special nuclear material.

9,2450 Section 2450. 254.31 (9) of the statutes is amended to read:

254.31 (9) "Radiation source" means a radiation machine generating equipment or radioactive material as defined herein.

9,2451 Section 2451. 254.31 (11g) of the statutes is created to read:

254.31 (11g) "Specific license" means a license, under requirements prescribed by the department by rule, to possess, use, manufacture, produce, transfer or acquire radioactive material or devices or equipment utilizing radioactive material.

9,2452 Section 2452. 254.31 (11m) of the statutes is created to read:

254.31 (11m) "Transuranic" means a radioactive material having an atomic number that is greater than 92.

9,2453 Section 2453. 254.31 (12) of the statutes is amended to read:

254.31 (12) "X-ray tube" means any electron tube which that is contained in a device and that is specifically designed for the conversion of electrical energy into X-ray energy.

9,2454 Section 2454. 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 for the department to advise, consult and cooperate with the department of commerce 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.

9,2455 Section 2455. 254.335 of the statutes is created to read:

254.335 Agreements with the U.S. nuclear regulatory commission transition. (1) The governor may, on behalf of the state, enter into agreements with the U.S. nuclear regulatory commission, as provided in 42 USC 2021 (b), to discontinue certain federal licensing and related regulatory authority with respect to by-product material, source material and special nuclear material and to assume state regulatory authority.

(2) Any person who, on the effective date of an agreement specified under sub. (1), possesses a license issued by the U.S. nuclear regulatory commission that is subject to the agreement is considered to possess a specific license issued under s. 254.365 (1) (a) or to fulfill requirements specified for a general license under s. 254.365 (1) (b). The specific license expires 90 days after the date of receipt by the person from the department of a notice of expiration of the license or on the date of expiration that was specified in the license issued by the U.S. nuclear regulatory commission, whichever is earlier.

9,2456 Section 2456. 254.34 (1) (intro.) of the statutes is amended to read:

254.34 (1) (intro.) The department and the department of commerce is the state radiation control agency and shall do all of the following:

9,2457 Section 2457. 254.34 (1) (a) of the statutes is amended to read:

254.34 (1) (a) Formulate, adopt and enforce, amend and repeal Promulgate and enforce rules, including registration and licensing of sources of ionizing radiation, as may be necessary to prohibit and prevent unnecessary radiation. Such 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 the requirements under 42 USC 2011 to 2114 and regulations adopted under 42 USC 2011 to 2114.

9,2458 Section 2458. 254.34 (1) (c) of the statutes is renumbered 254.34 (1) (c) (intro.) and amended to read:

254.34 (1) (c) (intro.) Develop comprehensive policies and programs for the evaluation and, determination and reduction of hazards associated with the use of radiation, and for their amelioration. that are compatible with requirements of the U.S. nuclear regulatory commission for the regulation of by-product material, source material and special nuclear material. The department shall maintain all of the following records:

9,2459 Section 2459. 254.34 (1) (c) 1. of the statutes is created to read:

254.34 (1) (c) 1. Files of all license applications, issuances, denials, transfers, renewals, modifications, suspensions and revocations under s. 254.365.

9,2460 Section 2460. 254.34 (1) (c) 2. of the statutes is created to read:

254.34 (1) (c) 2. Files of all registrants under s. 254.35 and any related administrative or judicial action.

9,2461 Section 2461. 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 commerce may:

9,2462 Section 2462. 254.34 (4) of the statutes is renumbered 254.34 (1) (h) 5. and amended to read:

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

9,2463 Section 2463. 254.345 of the statutes is created to read:

254.345 Assessment of Fee. (1) The department may annually assess a fee of 36% of the U.S. nuclear regulatory commission license application fee and materials license annual fee, for any licensee of the U.S. nuclear regulatory commission in this state. The fee amounts shall be used by the department for the department's activities under this subchapter. The department may revise the fee amounts by rule.

(2) This section does not apply after December 31, 2002.

9,2464 Section 2464. 254.35 (1) of the statutes is amended to read:

254.35 (1) Application. Every For every site in this state having that has an ionizing radiation installation, that is 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 the 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 shall, prior to operation, register the ionizing radiation installation with the department. No 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 does not imply approval of manufacture, storage, use, handling, operation or disposal of the radiation installation or radioactive materials, but shall serve serves merely to inform the department of the location and character of radiation sources. The department shall furnish the department of commerce with a copy of each amended and new registration. Persons engaged in manufacturing, demonstration, sale, testing or repair of radiation sources shall not be are not required to list such sources on the registration form.

9,2465 Section 2465. 254.35 (2) of the statutes is amended to read:

254.35 (2) Amended registration. If the person in control increases the number of sources, source strength, rated output or energy of radiation produced in any installation, he or she shall notify the department of the increase prior to operation on the revised basis. The department shall record the change in the registration. No registration is transferable from one premises to another or from one person to another. If the person in control transfers intends to transfer control of ownership of the radiation installation to another person the registration also transfers to the other person, who, at least 15 days before the final transfer the registrant shall notify the department of the transfer within 15 days. The department shall record the change in the and the intended transferee shall file under sub. (1) an application for registration. If any installation is discontinued, the person in control shall notify the department within 30 days of the discontinuance.

9,2466 Section 2466. 254.35 (3) (title) of the statutes is amended to read:

254.35 (3) (title) Fees Registration fees.

9,2467 Section 2467. 254.35 (3) (a) of the statutes is amended to read:

254.35 (3) (a) An annual registration fee under pars. (b) to (f) (fm) shall be levied for each site registration under this section. An additional penalty fee of $10 $25, regardless of the number of X-ray tubes or generally licensed devices, shall be required for each registration whenever the annual fee for renewal is not paid prior to expiration of the registration. No additional fee may be required for recording changes in the registration information.

9,2468 Section 2468. 254.35 (3) (b) of the statutes is amended to read:

254.35 (3) (b) For a medical site having an ionizing radiation installation serving physicians and clinics, osteopaths and clinics, and chiropractors or hospitals that possesses radioactive materials in any quantity, the fee shall be at least $25 $36 for each site and at least $30 $44 for each X-ray tube.

9,2469 Section 2469. 254.35 (3) (c) of the statutes is amended to read:

254.35 (3) (c) For a chiropractic, podiatric or veterinary site having an ionizing radiation installation, the fee shall be at least $25 $36 for each site and at least $30 $44 for each X-ray tube.

9,2470 Section 2470. 254.35 (3) (d) of the statutes is amended to read:

254.35 (3) (d) For a dental site having an ionizing radiation installation, the fee shall be at least $25 $36 for each site and at least $20 $30 for each X-ray tube.