AB150: Bill Text Engrossed

AB150-engrossed, s. 6305t Section 6305t. 234.905 (3) (d) of the statutes is amended to read:

AB150-engrossed,2087,3 234.905 (3) (d) The authority has not received a certification under s. 46.255 73.255 (7) that the farmer is delinquent in making child support or maintenance payments.

AB150-engrossed, s. 6307m Section 6307m. 236.02 (3) of the statutes is amended to read:

AB150-engrossed,2087,10 236.02 (3) "County planning agency" means a rural county planning agency authorized by s. 27.015 27.019, a county park commission authorized by s. 27.02 except that in a county with a county executive or county administrator, the county park manager appointed under s. 27.03 (2), a county zoning agency authorized by s. 59.97 or any agency created by the county board and authorized by statute to plan land use.

AB150-engrossed, s. 6308 Section 6308. 236.02 (4) of the statutes is amended to read:

AB150-engrossed,2087,13 236.02 (4) "Department" means the department of agriculture, trade and consumer protection development.

AB150-engrossed, s. 6309 Section 6309. 236.12 (2) (a) of the statutes is amended to read:

AB150-engrossed,2088,2 236.12 (2) (a) Two copies for each of the state agencies required to review the plat to the department which shall examine the plat for compliance with ss. 236.13 (1) (d) and (2m), 236.15, 236.16, 236.20 and 236.21 (1) and (2). If the subdivision abuts or adjoins a state trunk highway or connecting highway, the department shall transmit 2 copies to the department of transportation so that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. If the subdivision is not served by a public sewer and provision for such service has not been made, the department shall transmit 2 copies to the department of industry, labor and human relations so that agency may determine whether it has any objection to the plat on the basis of its rules as provided in s. 236.13. In lieu of this procedure the agencies may designate local officials to act as their agents in examining the plats for compliance with the statutes or their rules by filing a written delegation of authority with the approving body.

AB150-engrossed, s. 6310 Section 6310. 236.13 (1) (d) of the statutes is amended to read:

AB150-engrossed,2088,7 236.13 (1) (d) The rules of the department of industry, labor and human relations relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by a public sewer, where provision for public sewer service has not been made;

AB150-engrossed, s. 6311 Section 6311. 236.13 (2m) of the statutes is amended to read:

AB150-engrossed,2088,21 236.13 (2m) As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16, the department of natural resources, to prevent pollution of navigable waters, or the department of industry, labor and human relations development, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, industrial wastes and other wastes, as defined in s. 144.01. The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of industry, labor and human relations development determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.

AB150-engrossed, s. 6313b Section 6313b. 250.08 (3) of the statutes is amended to read:

AB150-engrossed,2089,10 250.08 (3) Primary health care services grants. From the appropriation under s. 20.435 (1) (cp), the department shall award up to $750,000 in each fiscal year $500,000 in fiscal year 1995-96 and up to $250,000 in fiscal year 1996-97 as grants to applying local health departments. Grants under this subsection shall be awarded, under procedures and criteria developed by the department, for the provision, primarily by nurse practitioners who meet the qualifications for certification as medical assistance providers by the department and by public health nurses, of primary health care services in, among other places, maternal and child health clinics and community health settings. Award of a grant to a local health department under this subsection is conditioned upon receipt by the department of an agreement by the county, city or village that has established the local health department to provide funds or in-kind services to match 25% of the amount of a grant awarded.

AB150-engrossed, s. 6314 Section 6314. 250.10 of the statutes is amended to read:

AB150-engrossed,2089,17 250.10 Grant for dental services. From the appropriation under s. 20.435 (1) (de), the department shall provide funding in each fiscal year to the Marquette university school of dentistry University School of Dentistry for the provision of dental services by the Marquette university school of dentistry University School of Dentistry in correctional centers in Milwaukee County and clinics in the city of Milwaukee.

AB150-engrossed, s. 6316 Section 6316. 252.076 (3) of the statutes is amended to read:

AB150-engrossed,2089,25 252.076 (3) Management of the 2 jointly housed units shall be separate and distinct. The county home unit shall for all purposes be deemed part of, and managed and operated by the same authorities as any previously established and existing county home of the county. Except as otherwise provided by statute and so far as applicable, this section and ss. 252.073 and 252.08 shall continue to apply to a jointly housed county tuberculosis sanatorium and ss. 49.14 and 49.15 49.70 and 49.703 shall apply to a jointly housed county home or a unit of a jointly housed county home.

AB150-engrossed, s. 6317 Section 6317. 252.08 (3) of the statutes is amended to read:

AB150-engrossed,2090,7 252.08 (3) Inpatient care exceeding 30 days for pulmonary tuberculosis patients not eligible for federal medicare benefits, for medical assistance under subch. V of ch. 49 or for general health care services funded by a relief block grant under subch. II of ch. 49 may be reimbursed if provided by a facility contracted by the department. If the patient has private health insurance, the state shall pay the difference between health insurance payments and total charges.

AB150-engrossed, s. 6318 Section 6318. 252.10 (6) (g) of the statutes is amended to read:

AB150-engrossed,2090,11 252.10 (6) (g) The reimbursement by the state under pars. (a) to (f) shall apply only until to funds that the department allocates for the reimbursement under the appropriation under s. 20.435 (1) (e) is totally expended.

AB150-engrossed, s. 6319 Section 6319. 252.12 (2) (a) (intro.) of the statutes is amended to read:

AB150-engrossed,2090,19 252.12 (2) (a) Acquired immunodeficiency syndrome services. (intro.) From the appropriations under s. 20.435 (1) (a) and (am), the department shall distribute not more than $2,765,400 in fiscal year 1993-94 and not more than $3,222,100 in fiscal year 1994-95 and from the appropriations under s. 20.435 (1) (mc) and (md) and (6) (mc) the department shall distribute not more than $177,000 in each fiscal year funds for the provision of services to individuals with or at risk of contracting acquired immunodeficiency syndrome, as follows:

AB150-engrossed, s. 6320 Section 6320. 252.12 (2) (a) 7. of the statutes is amended to read:

AB150-engrossed,2090,25 252.12 (2) (a) 7. `Contracts for counseling and laboratory testing services.' The department shall distribute funding of not more than $442,200 in fiscal year 1993-94 and not more than $510,300 in fiscal year 1994-95 in each fiscal year to contract with organizations to provide, at alternate testing sites, anonymous counseling services and laboratory testing services for the presence of HIV.

AB150-engrossed, s. 6321 Section 6321. 252.12 (2) (a) 8. of the statutes is amended to read:

AB150-engrossed,2091,12 252.12 (2) (a) 8. `Life care and early intervention services.' The department shall award not more than $1,457,500 in fiscal year 1993-94 and not more than $1,647,700 in fiscal year 1994-95 each year in grants to applying organizations for the provision of needs assessments; assistance in procuring financial, medical, legal, social and pastoral services; counseling and therapy; homecare services and supplies; advocacy; and case management services. These services shall include early intervention services. The department shall also award not more than $111,500 in each year from the appropriation under s. 20.435 (7) (md) for the services under this subdivision. The state share of payment for case management services that are provided under s. 49.45 (25) (be) to recipients of medical assistance shall be paid from the appropriation under s. 20.435 (1) (am).

AB150-engrossed, s. 6321g Section 6321g. 252.12 (2) (c) of the statutes is created to read:

AB150-engrossed,2091,18 252.12 (2) (c) HIV prevention grants. From the appropriation under s. 20.435 (7) (md), the department shall award to applying nonprofit corporations or public agencies up to $75,000 in each fiscal year, on a competitive basis, as grants for services to prevent HIV. Criteria for award of the grants shall include all of the following:

AB150-engrossed,2091,20 1. The scope of proposed services, including the proposed targeted population and numbers of persons proposed to be served.

AB150-engrossed,2091,23 2. The proposed methodology for the prevention services, including distribution and delivery of information and appropriateness of the message provided.

AB150-engrossed,2091,25 3. The qualifications of the applicant nonprofit corporation or public agency and its staff.

AB150-engrossed,2092,2 4. The proposed allocation of grant funds to the nonprofit corporation or public agency staff and services.

AB150-engrossed,2092,4 5. The proposed method by which the applicant would evaluate the impact of the grant funds awarded.

AB150-engrossed, s. 6322 Section 6322. 252.14 (1) (d) of the statutes is amended to read:

AB150-engrossed,2092,11 252.14 (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.

AB150-engrossed, s. 6323 Section 6323. 252.15 (2) (a) 7. ak. of the statutes is amended to read:

AB150-engrossed,2092,24 252.15 (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).

AB150-engrossed, s. 6324 Section 6324. 252.16 (2) of the statutes is amended to read:

AB150-engrossed,2093,7 252.16 (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.

AB150-engrossed, s. 6324g Section 6324g. 252.22 (title) and (1) to (3) of the statutes are renumbered 93.12 (title) and (1) to (3).

AB150-engrossed, s. 6324h Section 6324h. 252.22 (4) of the statutes is renumbered 93.12 (4) and amended to read:

AB150-engrossed,2094,2 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).

AB150-engrossed, s. 6324i Section 6324i. 252.22 (5) and (6) of the statutes are renumbered 93.12 (5) and (6).

AB150-engrossed, s. 6324j Section 6324j. 252.22 (7) of the statutes is renumbered 93.12 (7) and amended to read:

AB150-engrossed,2094,9 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).

AB150-engrossed, s. 6324k Section 6324k. 252.22 (8) and (9) of the statutes are renumbered 93.12 (8) and (9).

AB150-engrossed, s. 6326 Section 6326. 253.085 (1) of the statutes is amended to read:

AB150-engrossed,2094,18 253.085 (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.

AB150-engrossed, s. 6327 Section 6327. 254.02 (3) (a) of the statutes is amended to read:

AB150-engrossed,2095,2 254.02 (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.

AB150-engrossed, s. 6328g Section 6328g. 254.151 (1) (intro.) of the statutes is renumbered 254.151 (intro.) and amended to read:

AB150-engrossed,2095,8 254.151 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:

AB150-engrossed,2095,10 (1) To fund educational programs about the dangers of lead poisoning or lead exposure; to.

AB150-engrossed,2095,13 (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.

AB150-engrossed,2095,15 (3) To fund administration or enforcement of responsibilities delegated under s. 254.152; to.

AB150-engrossed,2095,16 (4) To fund other activities related to lead poisoning or lead exposure; or to.

AB150-engrossed,2095,17 (5) To fund any combination of these the purposes: under subs. (1) to (4).

AB150-engrossed, s. 6328h Section 6328h. 254.151 (1) (a) to (c) of the statutes are repealed.

AB150-engrossed, s. 6328i Section 6328i. 254.151 (2) of the statutes is renumbered 254.151 (6) and amended to read:

AB150-engrossed,2095,25 254.151 (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.

AB150-engrossed, s. 6330 Section 6330. 254.176 (2) (e) of the statutes is amended to read:

AB150-engrossed,2096,6 254.176 (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.

AB150-engrossed, s. 6331 Section 6331. 254.22 (4) of the statutes is amended to read:

AB150-engrossed,2096,9 254.22 (4) Assist the department of industry, labor and human relations development with the enforcement of s. 101.123.

AB150-engrossed, s. 6332 Section 6332. 254.33 of the statutes is amended to read:

AB150-engrossed,2096,22 254.33 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.

AB150-engrossed, s. 6333 Section 6333. 254.34 (1) (intro.) of the statutes is amended to read:

AB150-engrossed,2096,25 254.34 (1) (intro.)  The department and the department of industry, labor and human relations development shall:

AB150-engrossed, s. 6334 Section 6334. 254.34 (2) (intro.) of the statutes is amended to read:

AB150-engrossed,2097,3 254.34 (2) (intro.)  The department, serving as the lead agency, and the department of industry, labor and human relations development may:

AB150-engrossed, s. 6335 Section 6335. 254.35 (1) of the statutes is amended to read:

AB150-engrossed,2097,25 254.35 (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.

AB150-engrossed, s. 6336 Section 6336. 254.37 (1) of the statutes is amended to read:

AB150-engrossed,2098,11 254.37 (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.

AB150-engrossed, s. 6337 Section 6337. 254.37 (2) of the statutes is amended to read:

AB150-engrossed,2098,23 254.37 (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.

AB150-engrossed, s. 6338 Section 6338. 254.37 (3) of the statutes is amended to read:

AB150-engrossed,2099,10 254.37 (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.

AB150-engrossed, s. 6339 Section 6339. 254.38 of the statutes is amended to read:

AB150-engrossed,2099,17 254.38 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.

AB150-engrossed, s. 6340 Section 6340. 254.45 of the statutes is amended to read:

AB150-engrossed,2100,2 254.45 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.

AB150-engrossed, s. 6341 Section 6341. 254.51 (2) of the statutes is amended to read:

AB150-engrossed,2100,8 254.51 (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.

AB150-engrossed, s. 6342 Section 6342. 254.56 of the statutes is amended to read:

AB150-engrossed,2100,12 254.56 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.

AB150-engrossed, s. 6343 Section 6343. 254.73 (1) of the statutes is amended to read: