234.165 (2) (c) (intro.) Except as provided in sub. (3), surplus Surplus may be expended or encumbered only in accordance with the plan approved under par. (b), except that the authority may transfer from one plan category to another:
109,367 Section 367. 234.165 (3) of the statutes is created to read:
234.165 (3) For the purpose of housing grants and loans under s. 16.33 and housing organization grants under s. 16.336, in fiscal year 2001-02 the authority shall transfer to the department of administration $1,500,000 of its surplus and in fiscal year 2002-03 the authority shall transfer to the department of administration $3,300,300 of its surplus. The department of administration shall credit all moneys transferred under this subsection to the appropriation account under s. 20.505 (7) (j).
109,367c Section 367c. 234.165 (3) of the statutes, as created by 2001 Wisconsin Act .... (this act), is repealed.
109,367e Section 367e. 236.45 (2) (am) of the statutes is created to read:
236.45 (2) (am) An ordinance adopted under this section by a municipality may require any person, as a condition of obtaining approval of a land division, to dedicate land or pay fees to fund the acquisition of land or the construction of public improvements or facilities for any purpose specified in sub. (1). Any fees that are imposed as a condition of approving a land division shall bear a rational relationship to the need for the land or new public improvements or facilities that are necessary to serve the land division.
109,367p Section 367p. 250.01 (6g) of the statutes is created to read:
250.01 (6g) "Public health authority" means the department, if the governor declares under s. 166.03 (1) (b) 1. a state of emergency related to public health and designates the department as the lead state agency to respond to that emergency.
109,367q Section 367q. 250.01 (6r) of the statutes is created to read:
250.01 (6r) "Public health emergency" has the meaning given in s. 166.02 (7).
109,367r Section 367r. 250.03 (3) of the statutes is created to read:
250.03 (3) (a) No later than 90 days after a state of emergency relating to public health is declared and the department is designated under s. 166.03 (1) (b) 1. as the lead state agency to respond to that emergency and no later than 90 days after the termination of this state of emergency relating to public health, the department shall submit to the legislature under s. 13.172 (2) and to the governor a report on all of the following:
1. The emergency powers used by the public health authority or its agents.
2. The expenses incurred by the public health authority and its agents in acting under the state of emergency related to public health.
109,367s Section 367s. 250.03 (3) (b) of the statutes is created to read:
250.03 (3) (b) Biennially, beginning on July 1, 2002, after first consulting with the adjutant general, local health departments, health care providers, as defined in s. 146.81 (1), and law enforcement agencies, as defined in s. 165.77 (1) (b), the department shall submit to the legislature under s. 13.172 (2) and to the governor a report on the preparedness of the public health system to address public health emergencies.
109,367t Section 367t. 250.042 of the statutes is created to read:
250.042 Powers and duties of the department as public health authority. (1) If the governor declares a state of emergency related to public health under s. 166.03 (1) (b) 1. and designates the department as the lead state agency to respond to that emergency, the department shall act as the public health authority during the period of the state of emergency. During the period of the state of emergency, the secretary may designate a local health department as an agent of the department and confer upon the local health department, acting under that agency, the powers and duties of the public health authority. The department may, from the appropriation under s. 20.435 (1) (e), reimburse a local health department for reasonable and necessary expenses in acting as an agent of the department if designated under this subsection.
(2) As the public health authority, the department may do any of the following:
(a) From the appropriation under s. 20.435 (1) (e), purchase, store, or distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies that the department determines are advisable to control a public health emergency.
(b) Act as specified in s. 252.041.
(3) (a) As the public health authority, the department shall inform state residents of all of the following:
1. When a state of emergency related to public health has been declared or is terminated.
2. How to protect themselves from a public health emergency.
3. What actions the public health authority is taking to control a public health emergency.
(b) The public health authority shall provide the information specified in par. (a) by all available and reasonable means calculated to inform the general public, including reasonable efforts to make the information accessible to individuals with disabilities and to provide the information in the primary languages of individuals who do not understand English.
(c) As the public health authority, the department, to the extent possible, shall consult with local health departments, whether or not designated as agents of the department, and with individual health care providers.
109,368d Section 368d. 251.05 (3) (e) of the statutes is created to read:
251.05 (3) (e) Act as agent of the department, if designated by the secretary under s. 250.042 (1).
109,368f Section 368f. 252.02 (title) of the statutes is amended to read:
252.02 (title) Powers and duties of department.
109,368h Section 368h. 252.02 (7) of the statutes is created to read:
252.02 (7) The department shall promulgate rules that specify medical conditions treatable by prescriptions or nonprescription drug products for which pharmacists and pharmacies must report under s. 440.142 (1).
109,368j Section 368j. 252.041 of the statutes is created to read:
252.041 Compulsory vaccination during a state of emergency. (1) Except as provided in sub. (2), during the period under which the department is designated as the lead state agency, as specified in s. 250.042 (2), the department, as the public health authority, may do all of the following as necessary to address a public health emergency:
(a) Order any individual to receive a vaccination unless the vaccination is reasonably likely to lead to serious harm to the individual or unless the individual, for reasons of religion or conscience, refuses to obtain the vaccination.
(b) Isolate or quarantine, under s. 252.06, any individual who is unable or unwilling for reasons specified under sub. (1) to receive vaccination under par. (a).
(2) The department shall promulgate rules that specify circumstances, if any, under which vaccination may not be performed on an individual.
109,368L Section 368L. 252.05 (1) of the statutes is amended to read:
252.05 (1) Any person licensed, permitted, registered or certified under ch. 441 or 448 knowing or having health care provider, as defined in s. 146.81 (1), who knows or has reason to know believe that a person treated or visited by him or her has a communicable disease, or having a communicable disease, has died, shall report the appearance of the communicable disease or the death to the local health officer. The local health officer shall report this information to the department or shall direct the person reporting to report to the department. Any person directed to report shall submit this information to the department.
109,368n Section 368n. 252.06 (1) of the statutes is amended to read:
252.06 (1) The department or the local health officer acting on behalf of the department may require isolation of the patient a patient or of an individual under s. 252.041 (1) (b), quarantine of contacts, concurrent and terminal disinfection, or modified forms of these procedures as may be necessary and which are as are determined by the department by rule.
109,368p Section 368p. 252.06 (4) of the statutes is renumbered 252.06 (4) (a).
109,368r Section 368r. 252.06 (4) (b) of the statutes is created to read:
252.06 (4) (b) If s. 250.042 (1) applies, all of the following apply:
1. No person, other than a person authorized by the public health authority or agent of the public health authority, may enter an isolation or quarantine premises.
2. A violation of subd. 1. is subject to a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both.
3. Any person, whether authorized under subd. 1. or not, who enters an isolation or quarantine premises may be subject to isolation or quarantine under this section.
109,368t Section 368t. 252.06 (10) (c) of the statutes is created to read:
252.06 (10) (c) The expense of providing a reasonable means of communication for a person who is quarantined outside his or her home during a state of emergency related to public health shall be paid under either of the following, as appropriate:
1. If the governor designates the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.435 (1) (e).
2. If the governor does not designate the department as the lead state agency under s. 166.03 (1) (b) 1., from the appropriation under s. 20.465 (3) (e).
109,369 Section 369. 253.06 (4) (b) of the statutes is amended to read:
253.06 (4) (b) A person who violates any provision of this subsection may be fined not more than $10,000 or imprisoned for not more than 3 years, or both, is guilty of a Class I felony for the first offense and may be fined not more than $10,000 or imprisoned for not more than 7 years and 6 months, or both, is guilty of a Class H felony for the 2nd or subsequent offense.
109,369gh Section 369gh. 255.06 (2) (h) of the statutes is created to read:
255.06 (2) (h) Multiple sclerosis education. Conduct a multiple sclerosis education program to raise public awareness concerning the causes and nature of multiple sclerosis and options for diagnosing and treating multiple sclerosis.
109,369gm Section 369gm. 280.25 of the statutes is created to read:
280.25 Report on aquifer recovery system. (1) In this section:
(a) "Aquifer storage and recovery system" has the meaning given in s. 160.257 (1).
(b) "Municipal water system" has the meaning given in s. 160.257 (1) (c).
(2) The operator of a municipal water system that uses an aquifer storage and recovery system shall submit a report to the department, no later than the first day of the 60th month after beginning to operate the aquifer storage and recovery system, describing the experience that the operator has had with using the aquifer storage and recovery system.
109,369kb Section 369kb. 281.165 (1) of the statutes is amended to read:
281.165 (1) Compliance; exemption. An activity shall be considered to comply with the water quality standards that are applicable to wetlands and that are promulgated as rules under s. 281.15 and is exempt from any prohibition, restriction, requirement, permit, license, approval, authorization, fee, notice, hearing, procedure, or penalty specified under s. 29.601 (3) or chs. 30, 31, 281, 283, 289 to 292, or 299 or specified under any rule promulgated, order issued, or ordinance adopted under any of those sections or chapters, if the activity meets all of the requirements under either sub. (2) or (3).
109,369ke Section 369ke. 281.165 (2) (title) of the statutes is amended to read:
281.165 (2) (title) Trempealeau County Requirements.
109,369kg Section 369kg. 281.165 (2) (am) of the statutes is created to read:
281.165 (2) (am) At least 2 acres of wetland will be restored or created as mitigation for each acre of wetland affected by the activity, and the restored or created wetland shall be located upstream from the site of the activity and located within the same watershed as the wetland area to be affected.
109,369kj Section 369kj. 281.165 (2) (c) of the statutes is amended to read:
281.165 (2) (c) The site of the activity is within the corporate limits of a city or village on January 1, 1999.
109,369km Section 369km. 281.165 (2) (d) of the statutes is amended to read:
281.165 (2) (d) The governing body of the city or village adopts a resolution stating that the exemption under this section is necessary to protect jobs that exist in the city or village on the date of the adoption of the resolution or is necessary to promote job creation.
109,369kp Section 369kp. 281.165 (2) (e) of the statutes is repealed.
109,369kq Section 369kq. 281.165 (2) (f) of the statutes is created to read:
281.165 (2) (f) The governor selects the activity as provided in sub. (4).
109,369kr Section 369kr. 281.165 (3) of the statutes is repealed.
109,369ks Section 369ks. 281.165 (4) and (5) of the statutes are created to read:
281.165 (4) Selection by governor. (a) Any city or village seeking to be selected for the exemption under sub. (1) shall submit the adopted resolution required under sub. (2) (d) to the governor before December 31, 2002.
(b) The governor shall select one activity within the state that the governor determines meets the requirements in sub. (2) (a) to (d) to receive the exemption under sub. (1).
(5) Restored or created wetlands. (a) Upon selection of the activity by the governor under sub. (4), the rules under ss. NR 350.05, 350.08, 350.09, and 350.10, Wis. Adm. Code, shall apply to the mitigation project under under sub. (2) (am).
(b) The mitigation project under sub. (2) (am) shall include the granting of a conservation easement under s. 700.40 to the department to ensure that the restored or created wetland will not be destroyed or substantially degraded by any subsequent owner of or holder of interest in the property on which the wetland is located. At a minimum, the conservation easement shall include any zone of vegetated upland adjacent to the wetland that the department determines is adequate to filter runoff from entering the restored or created wetland. The department shall modify or release a conservation easement issued under this paragraph if the conditions in s. 281.37 (2m) (b) apply.
(c) Any agent or employee of the department shall, at all times, be given reasonable access to any and all parts of a mitigation project site and may enter upon any property to investigate the mitigation project.
109,369L Section 369L. 281.17 (2m) of the statutes is created to read:
281.17 (2m) In permitting under its authority under sub. (2) the chemical treatment of water for the suppression of mosquito larvae in the cities of Brookfield and La Crosse, the department may not impose as a condition to that permission a requirement that monitoring or additional testing be conducted as to the effectiveness or the impact of the treatment.
109,369m Section 369m. 281.65 (12) of the statutes is created to read:
281.65 (12) Notwithstanding sub. (8), during fiscal year 2002-03, the department shall make a payment under this section to a landowner who received a notice of discharge under ch. 283, who entered into a cost-share agreement with the department of agriculture, trade and consumer protection for a grant under s. 92.14 (4) (c), 1997 stats., and who complied with the cost-share agreement but who did not receive the grant under s. 92.14 (4) (c), 1997 stats. The department shall make a payment under this subsection in the amount to which the landowner would have been entitled under the cost-share agreement with the department of agriculture, trade and consumer protection. The department may not require a landowner to file an application to receive payment under this subsection.
109,369n Section 369n. 281.98 (2) of the statutes is amended to read:
281.98 (2) In addition to the penalties provided under sub. (1) or s. 281.99 (2), the court may award the department of justice the reasonable and necessary expenses of the investigation and prosecution of a violation of this chapter, including attorney fees. The department of justice shall deposit in the state treasury for deposit into the general fund all moneys that the court awards to the department or the state under this subsection. Ten percent of the money deposited in the general fund that was awarded under this subsection for the costs of investigation and the expenses of prosecution, including attorney fees, shall be credited to the appropriation account under s. 20.455 (1) (gh).
109,369p Section 369p. 283.84 (1) (c) of the statutes, as affected by 2001 Wisconsin Act 16, is amended to read:
283.84 (1) (c) Reaches an agreement with the department or a local governmental unit, as defined in s. 22.01 16.97 (7), under which the person pays money to the department or local governmental unit and the department or local governmental unit uses the money to reduce water pollution in the project area.
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