SB358: Bill Text

LRB-3853/4

RCT:cmh&wlj:hmh

1999 - 2000 LEGISLATURE

1999 Senate BILL 358

February 1, 2000 - Introduced by Senators Clausing, Schultz, Burke, Erpenbach, Decker, Jauch, Fitzgerald, Moen, Rude, Huelsman, Baumgart, Breske, A. Lasee, Roessler and Drzewiecki, cosponsored by Representatives Ott, Plouff, Lassa, Reynolds, Musser, Urban, Kestell, Spillner, Schneider, Hasenohrl, Hahn, Olsen, Hutchison, Hundertmark, Gronemus, Kreuser, Ainsworth, Ladwig, Brandemuehl, Turner, Pettis, Huebsch, Klusman, Petrowski, Rhoades, Kaufert, Gunderson, Freese, Sykora and Albers. Referred to Agriculture, Environmental Resources and Campaign Finance Reform.

SB358,1,4 An Act to repeal 93.07 (15m) and (16); and to create 15.915 (1), 20.285 (1) (fj), 20.285 (1) (j), 20.285 (1) (kg) and 36.58 of the statutes; relating to: animal health testing and diagnosis, creating a veterinary diagnostic laboratory board and making an appropriation.

Analysis by the Legislative Reference Bureau

Under current law, the department of agriculture, trade and consumer protection (DATCP) operates two laboratories that provide animal health testing and diagnostic services, one in Madison and one a regional laboratory in the city of Barron. Some of the positions for the laboratories are funded with state general purpose revenue and some are funded with program revenue from fees charged for laboratory services.

This bill transfers the animal health laboratories and their employes to the University of Wisconsin (UW) System on July 1, 2000, and creates a veterinary diagnostic laboratory board (VDLB), attached to the UW System, to oversee the laboratories. The bill authorizes 18 additional positions for the laboratories. Under the bill, all of the positions for the laboratories are funded from state general purpose revenue. The bill requires the laboratories to participate in research and in the provision of field services, consultation services and education in cooperation with DATCP and the UW school of veterinary medicine, in addition to providing testing and diagnostic services.

The bill authorizes VDLB to set fees for the services provided by the laboratories. The bill prohibits the veterinary diagnostic laboratories from charging fees for diagnostic and testing services conducted for DATCP's division of animal health.

For further information see the state fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB358, s. 1 Section 1. 15.915 (1) of the statutes is created to read:

SB358,2,4 15.915 (1) Veterinary diagnostic laboratory board. (a) There is created a veterinary diagnostic laboratory board attached to the University of Wisconsin System under s. 15.03.

SB358,2,6 (b) The veterinary diagnostic laboratory board shall consist of the following members:

SB358,2,8 1. The secretary of agriculture, trade and consumer protection or his or her designee.

SB358,2,10 2. The chancellor of the University of Wisconsin-Madison or his or her designee.

SB358,2,11 3. The dean of the school of veterinary medicine or his or her designee.

SB358,2,13 4. A veterinarian employed by the federal government, to serve at the pleasure of the governor.

SB358,2,18 5. Five other members representing persons served by the veterinary diagnostic laboratory, at least one of whom is a livestock producer, at least one of whom represents the animal agriculture industry and at least one of whom is a practicing veterinarian who is a member of the Wisconsin Veterinary Medical Association, appointed for 3-year terms.

SB358,2,20 6. The director of the veterinary diagnostic laboratory, who shall serve as a nonvoting member.

SB358, s. 2 Section 2. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table

SB358, s. 3 Section 3. 20.285 (1) (fj) of the statutes is created to read:

SB358,3,5 20.285 (1) (fj) Veterinary diagnostic laboratory. The amounts in the schedule for general program operations of the veterinary diagnostic laboratory.

SB358, s. 4 Section 4. 20.285 (1) (j) of the statutes is created to read:

SB358,3,9 20.285 (1) (j) Veterinary diagnostic laboratory; fees. All moneys received under s. 36.58 (3), other than from state agencies, to be used for general program operations of the veterinary diagnostic laboratory.

SB358, s. 5 Section 5. 20.285 (1) (kg) of the statutes is created to read:

SB358,3,13 20.285 (1) (kg) Veterinary diagnostic laboratory; state agencies. All moneys received from other state agencies on account of the veterinary diagnostic laboratory to be used for general program operations of the veterinary diagnostic laboratory.

SB358, s. 6 Section 6. 36.58 of the statutes is created to read:

SB358,3,17 36.58 Veterinary diagnostic laboratory. (1) Duties of the veterinary diagnostic laboratory board. The veterinary diagnostic laboratory board shall do all of the following:

SB358,3,18 (a) Prescribe policies for the operation of the veterinary diagnostic laboratory.

SB358,3,19 (b) Develop biennial budget requests for the veterinary diagnostic laboratory.

SB358,4,2 (c) In accordance with sub. (3), set fees for services provided by the veterinary diagnostic laboratory.

SB358,4,4 (2) Duties of the veterinary diagnostic laboratory. The veterinary diagnostic laboratory shall do all of the following:

SB358,4,5 (a) Operate a laboratory that does all of the following:

SB358,4,7 1. Provides testing and diagnostic services for all types of animals in this state, with emphasis on services for farm animals.

SB358,4,9 2. Provides the diagnostic services necessary to meet the requirements for accreditation by the American Association of Veterinary Laboratory Diagnosticians.

SB358,4,12 3. Provides the testing and diagnostic services needed by the department of agriculture, trade and consumer protection to discharge the department's responsibilities related to disease control and animal health.

SB358,4,13 (b) Maintain a regional laboratory in the city of Barron.

SB358,4,17 (c) In cooperation with the school of veterinary medicine and the department of agriculture, trade and consumer protection, participate in research and in the provision of field services, consultation services and education as determined to be appropriate by the veterinary diagnostic laboratory board.

SB358,4,19 (3) Fees. (a) Except as provided in pars. (b) and (c), the veterinary diagnostic laboratory shall charge fees for testing and diagnostic services.

SB358,4,24 (b) The veterinary diagnostic laboratory may not charge a fee for any testing or diagnostic service conducted for the subunit of the department of agriculture, trade and consumer protection that is responsible for animal health or for the subunit of the federal department of agriculture that is responsible for animal health.

SB358,5,3 (c) The veterinary diagnostic laboratory board may identify services that are necessary to protect human health and safety for which the veterinary diagnostic laboratory may not charge fees.

SB358,5,7 (3m) Appointment of director. After consultation with the veterinary diagnostic laboratory board, the chancellor of the University of Wisconsin-Madison shall appoint an individual who has received the degree of doctor of veterinary medicine as the director of the veterinary diagnostic laboratory.

SB358,5,11 (4) Submission of budget. Notwithstanding s. 15.03, the board of regents of the University of Wisconsin System shall process and forward to the department of administration all personnel and biennial budget requests of the veterinary diagnostic laboratory board without change.

SB358,5,18 (5) Treatment of certain employes. Notwithstanding ss. 36.09 (1) (i), 36.13 and 36.15, when a position at the veterinary diagnostic laboratory is held by a person who held a position in the classified service at the animal health laboratories at the department of agriculture, trade and consumer protection on the day before the effective date of this subsection .... [revisor inserts date], the position may not be designated as a position outside of the classified service without the consent of the person.

SB358,5,23 (6) Confidentiality of paratuberculosis records. Any information kept by the veterinary diagnostic laboratory that identifies the owners of livestock herds infected, or suspected of being infected, with paratuberculosis is not subject to inspection or copying under s. 19.35 except as the veterinary diagnostic laboratory determines is necessary to protect the public health, safety or welfare.

SB358, s. 7 Section 7. 93.07 (15m) and (16) of the statutes are repealed.

SB358, s. 8 Section 8 . Nonstatutory provisions.

SB358,6,7 (1) Facility planning. Notwithstanding section 13.48 (4) of the statutes, the department of agriculture, trade and consumer protection may report a proposed project for the construction or expansion of a facility in Madison for the veterinary diagnostic laboratory to the building commission at any time during the 1999-01 fiscal biennium and may request the building commission to allocate moneys from the appropriation under section 20.867 (2) (r) of the statutes for planning for that project.

SB358,6,11 (2) Position authorization; University of Wisconsin System. The authorized FTE positions for the University of Wisconsin System are increased by 80.5 GPR positions on July 1, 2000, to be funded from the appropriation under section 20.285 (1) (fj) of the statutes, as created by this act, for the veterinary diagnostic laboratory.

SB358,6,15 (3) Initial appointments to veterinary diagnostic laboratory board. Notwithstanding the length of terms specified in section 15.915 (1) (b) 5. of the statutes, as created by this act, the governor shall appoint the initial members of the board under that provision for the following terms:

SB358,6,16 (a) One member for a term expiring on May 1, 2002.

SB358,6,17 (b) Two members for terms expiring on May 1, 2003.

SB358,6,18 (c) Two members for terms expiring on May 1, 2004.

SB358,6,19 (4) Transfer of laboratories.

SB358,6,24 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of agriculture, trade and consumer protection primarily related to the functions of the animal health laboratories, as determined by the secretary of administration, shall become the assets and liabilities of the University of Wisconsin System.

SB358,7,4 (b) Employe transfers. On the effective date of this paragraph, all incumbent employes holding positions in the department of agriculture, trade and consumer protection that are primarily related to the animal health laboratories are transferred to the University of Wisconsin System.

SB358,7,10 (c) Employe status. A transfer under paragraph (b) does not change the rights or status that an employe enjoyed under subchapter V of chapter 111 and chapter 230 of the statutes in the department of agriculture, trade and consumer protection immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employe so transferred who has attained permanent status in class is required to serve a probationary period.

SB358,7,15 (d) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of agriculture, trade and consumer protection that is primarily related to the functions of the animal health laboratories, as determined by the secretary of administration, is transferred to the University of Wisconsin System.

SB358,7,22 (e) Pending matters. Any matter pending with the department of agriculture, trade and consumer protection on the effective date of this paragraph that is primarily related to the animal health laboratories, as determined by the secretary of administration, is transferred to the University of Wisconsin System. All materials submitted to or actions taken by the department of agriculture, trade and consumer protection with respect to the pending matter are considered as having been submitted to or taken by the University of Wisconsin System.

SB358,8,4 (f) Contracts. All contracts entered into by the department of agriculture, trade and consumer protection in effect on the effective date of this paragraph that are primarily related to the functions of the animal health laboratories, as determined by the secretary of administration, remain in effect and are transferred to the University of Wisconsin System. The University of Wisconsin System shall carry out any obligations under those contracts unless modified or rescinded by the University of Wisconsin System to the extent allowed under the contract.