Amendment JR2 AA1-ASA1-AB1

AB1-ASA1-AA1,216,2 2. The expenses incurred by the public health authority and its agents in acting under the state of emergency related to public health.

AB1-ASA1-AA1, s. 367s Section 367s. 250.03 (3) (b) of the statutes is created to read:

AB1-ASA1-AA1,216,9 250.03 (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.

AB1-ASA1-AA1, s. 367t Section 367t. 250.042 of the statutes is created to read:

AB1-ASA1-AA1,216,21 250.042 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.

AB1-ASA1-AA1,216,22 (2) As the public health authority, the department may do any of the following:

AB1-ASA1-AA1,217,2 (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.

AB1-ASA1-AA1,217,3 (b) Act as specified in s. 252.041.

AB1-ASA1-AA1,217,5 (3) (a) As the public health authority, the department shall inform state residents of all of the following:

AB1-ASA1-AA1,217,7 1. When a state of emergency related to public health has been declared or is terminated.

AB1-ASA1-AA1,217,8 2. How to protect themselves from a public health emergency.

AB1-ASA1-AA1,217,10 3. What actions the public health authority is taking to control a public health emergency.

AB1-ASA1-AA1,217,15 (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.

AB1-ASA1-AA1,217,18 (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.".

AB1-ASA1-AA1,217,19 229. Page 182, line 10: after that line insert:

AB1-ASA1-AA1,217,20 " Section 368d. 251.05 (3) (e) of the statutes is created to read:

AB1-ASA1-AA1,217,22 251.05 (3) (e) Act as agent of the department, if designated by the secretary under s. 250.042 (1).

AB1-ASA1-AA1, s. 368f Section 368f. 252.02 (title) of the statutes is amended to read:

AB1-ASA1-AA1,217,24 252.02 (title) Powers and duties of department.

AB1-ASA1-AA1, s. 368h Section 368h. 252.02 (7) of the statutes is created to read:

AB1-ASA1-AA1,218,4 252.02 (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).

AB1-ASA1-AA1, s. 368j Section 368j. 252.041 of the statutes is created to read:

AB1-ASA1-AA1,218,10 252.041 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:

AB1-ASA1-AA1,218,13 (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.

AB1-ASA1-AA1,218,15 (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).

AB1-ASA1-AA1,218,17 (2) The department shall promulgate rules that specify circumstances, if any, under which vaccination may not be performed on an individual.

AB1-ASA1-AA1, s. 368L Section 368L. 252.05 (1) of the statutes is amended to read:

AB1-ASA1-AA1,219,2 252.05 (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.

AB1-ASA1-AA1, s. 368n Section 368n. 252.06 (1) of the statutes is amended to read:

AB1-ASA1-AA1,219,8 252.06 (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.

AB1-ASA1-AA1, s. 368p Section 368p. 252.06 (4) of the statutes is renumbered 252.06 (4) (a).

AB1-ASA1-AA1, s. 368r Section 368r. 252.06 (4) (b) of the statutes is created to read:

AB1-ASA1-AA1,219,11 252.06 (4) (b) If s. 250.042 (1) applies, all of the following apply:

AB1-ASA1-AA1,219,13 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.

AB1-ASA1-AA1,219,15 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.

AB1-ASA1-AA1,219,18 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.

AB1-ASA1-AA1, s. 368t Section 368t. 252.06 (10) (c) of the statutes is created to read:

AB1-ASA1-AA1,219,22 252.06 (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:

AB1-ASA1-AA1,219,24 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).

AB1-ASA1-AA1,220,2 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).".

AB1-ASA1-AA1,220,3 230. Page 182, line 10: delete that line and substitute:

AB1-ASA1-AA1,220,4 " Section 368m. 250.15 (2) (a) of the statutes is repealed.

AB1-ASA1-AA1, s. 368n Section 368n. 250.15 (2) (c) of the statutes is repealed.".

AB1-ASA1-AA1,220,6 231. Page 182, line 16: after that line insert:

AB1-ASA1-AA1,220,7 " Section 369n. 281.98 (2) of the statutes is amended to read:

AB1-ASA1-AA1,220,16 281.98 (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).

AB1-ASA1-AA1, s. 369q Section 369q. 283.91 (5) of the statutes is amended to read:

AB1-ASA1-AA1,221,3 283.91 (5) In addition to all other civil and criminal penalties prescribed under this chapter, the court may assess as an additional penalty a portion or all of the costs of the investigation, including monitoring, which led to the establishment of the violation. The court may award the department of justice the reasonable and necessary expenses of the prosecution, 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).".

AB1-ASA1-AA1,221,4 232. Page 182, line 16: after that line insert:

AB1-ASA1-AA1,221,5 " Section 369s. 281.17 (2m) of the statutes is created to read:

AB1-ASA1-AA1,221,10 281.17 (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.".

AB1-ASA1-AA1,221,11 233. Page 182, line 16: after that line insert:

AB1-ASA1-AA1,221,12 " Section 369q. 280.25 of the statutes is created to read:

AB1-ASA1-AA1,221,13 280.25 Report on aquifer recovery system. (1) In this section:

AB1-ASA1-AA1,221,15 (a) "Aquifer storage and recovery system" has the meaning given in s. 160.257 (1).

AB1-ASA1-AA1,221,16 (b) "Municipal water system" has the meaning given in s. 160.257 (1) (c).

AB1-ASA1-AA1,221,21 (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.".

AB1-ASA1-AA1,221,22 234. Page 182, line 16: after that line insert:

AB1-ASA1-AA1,221,23 " Section 369u. 283.835 of the statutes is created to read:

AB1-ASA1-AA1,222,2 283.835 Limitations on water quality planning. (1) Beginning on October 1, 2002, and ending on October 1, 2005, all of the following apply:

AB1-ASA1-AA1,222,5 (a) The governor may not designate, and the department may not recommend for designation, a local agency for water quality planning that is not a multicounty regional planning commission.

AB1-ASA1-AA1,222,10 (b) The department shall provide water quality planning services for a county with a population of more than 400,000 that is not within the jurisdiction of a multicounty regional planning commission and the department may not enter into an agreement under which another person provides water quality planning services for the county on behalf of the department.

AB1-ASA1-AA1,222,16 (2) An approved water quality plan that is in effect on September 30, 2002, for a county for which the department provides water quality services under sub. (1) (b) remains in effect after September 30, 2002. As long as the department provides water quality planning services for the county, the department shall apply the approved water quality plan as it exists on September 30, 2002, or may amend the plan and apply the amended plan.".

AB1-ASA1-AA1,222,17 235. Page 182, line 16: after that line insert:

AB1-ASA1-AA1,222,18 " Section 369g. 285.48 (4) (a) of the statutes is amended to read:

AB1-ASA1-AA1,222,22 285.48 (4) (a) The use of renewable energy, including renewable energy that is provided by electric providers for the purpose of complying with the requirements of s. 196.378 (2) (a), or renewable energy that is used under programs specified in s. 196.374 (2) (d) that are funded by expenditures under s. 196.374 (3).

AB1-ASA1-AA1, s. 369r Section 369r. 285.48 (4) (b) of the statutes is amended to read:

AB1-ASA1-AA1,223,4 285.48 (4) (b) The implementation of low-income weatherization and energy conservation measures, including programs established under s. 16.957 (2) (a) or (b) or programs specified in s. 196.374 (2) (a) or (b) that are funded by expenditures under s. 196.374 (3).".

AB1-ASA1-AA1,223,5 236. Page 182, line 16: after that line insert:

AB1-ASA1-AA1,223,6 " Section 369s. 281.18 of the statutes is created to read:

AB1-ASA1-AA1,223,10 281.18 Limitation on testing requirements. If the department requires the operator of a water treatment plant or a public drinking water fountain to have the water tested, the department may not require that the tests be conducted by the state laboratory of hygiene.".

AB1-ASA1-AA1,223,12 237. Page 182, line 23: delete the material beginning with that line and ending with page 184, line 9.

AB1-ASA1-AA1,223,13 238. Page 184, line 9: after that line insert:

AB1-ASA1-AA1,223,14 " Section 370i. 287.09 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,223,18 287.09 (2) (a) Develop and implement a recycling or other program to manage the solid waste generated within its region in compliance with s. 287.07 (1m) to (4) and (2), with either s. 287.07 (3) and (4) or the rules promulgated under s. 287.11 (4), and with the priorities under s. 287.05 (12).

AB1-ASA1-AA1, s. 370ic Section 370ic. 287.11 (2) (a) of the statutes is amended to read:

AB1-ASA1-AA1,223,23 287.11 (2) (a) A public education component to inform residents of the region of the reasons to recycle, local opportunities to recycle and the prohibitions in s. 287.07 (3) and (4) materials that residents are required to recycle under the program under par. (b).

AB1-ASA1-AA1, s. 370id Section 370id. 287.11 (2) (b) (intro.) of the statutes is created to read:

AB1-ASA1-AA1,224,1 287.11 (2) (b) (intro.) One of the following:

AB1-ASA1-AA1, s. 370ie Section 370ie. 287.11 (2) (b) of the statutes is renumbered 287.11 (2) (b) 1.

AB1-ASA1-AA1, s. 370if Section 370if. 287.11 (2) (b) 2. of the statutes is created to read:

AB1-ASA1-AA1,224,5 287.11 (2) (b) 2. A program that the department determines complies with the rules promulgated under sub. (4).

AB1-ASA1-AA1, s. 370ih Section 370ih. 287.11 (2) (er) of the statutes is amended to read:

AB1-ASA1-AA1,224,10 287.11 (2) (er) A prohibition on disposing of in a solid waste disposal facility or burning in a solid waste treatment facility any material identified under s. 287.07 (3) and (4) that is required to be separated for recycling under the program under par. (b) and that is separated for recycling as part of the program.

AB1-ASA1-AA1, s. 370ij Section 370ij. 287.11 (2) (i) of the statutes is amended to read:

AB1-ASA1-AA1,224,17 287.11 (2) (i) A reasonable effort, through the implementation of pars. (a) to (h), as applicable, to reduce to the maximum extent feasible the amount, by weight, of each material specified in s. 287.07 (3) and (4) of a type that is recycled in the program under par. (b) that is generated as solid waste within the region and disposed of in a solid waste disposal facility or converted into fuel or burned without energy recovery in a solid waste treatment facility.

AB1-ASA1-AA1, s. 370in Section 370in. 287.11 (4) (a) of the statutes, as created by 2001 Wisconsin Act 16, is renumbered 287.11 (4) and 287.11 (4) (intro.), as renumbered, is amended to read:

AB1-ASA1-AA1,224,24 287.11 (4) Pilot program for alternate Alternate method of compliance. (intro.) The department shall administer a pilot program that provides an alternate method of complying with sub. (2) (b). The department shall promulgate rules for the pilot program under this subsection that do all of the following:

AB1-ASA1-AA1, s. 370ip Section 370ip. 287.11 (4) (b) to (e) of the statutes, as created by 2001 Wisconsin Act 16, are repealed.".