SB401,4,13 11(2) Prohibition. No district board or technical college may conduct or provide
12funding to another entity to conduct gain of function research on potentially
13pandemic pathogens.
SB401,4,17 14(3) Penalty. (a) Notwithstanding any other provision of this chapter, if a
15district board or technical college violates sub. (2), the board may not allocate any
16state-funds appropriation under s. 20.292 to that district board or technical college
17for the following fiscal year.
SB401,4,2018 (b) The penalty under this subsection applies if a state or federal court in this
19state finds that, on the basis of a preponderance of the evidence, the district board
20or technical college violated sub. (2).
SB401,3 21Section 3. 39.295 of the statutes is created to read:
SB401,4,23 2239.295 Prohibited potentially pandemic pathogen research. (1)
23Definitions. In this section:
SB401,5,3
1(a) “Gain of function research” means research that may reasonably be
2anticipated to enhance the transmissibility or virulence of a potentially pandemic
3pathogen.
SB401,5,74 (b) “Institution of higher education” means an institution or college campus
5within the University of Wisconsin System, a technical college within the technical
6college system, a tribally controlled college, or a private, nonprofit institution of
7higher education located in this state.
SB401,5,108 (c) “Potentially pandemic pathogen” means a virus, bacteria, fungus, or
9eukaryotic parasite, or any strain or variant of a virus, bacteria, fungus, or
10eukaryotic parasite, that is any of the following:
SB401,5,1211 1. Likely, moderately, or highly transmissible and likely capable of wide and
12uncontrollable spread in human populations.
SB401,5,1413 2. Likely, moderately, or highly virulent and likely to cause significant
14mortality and morbidity in human beings.
SB401,5,1715 3. Likely to pose a severe threat to public health and safety, the capacity of
16public health systems, or the security of this state if allowed to spread within the
17general population.
SB401,5,20 18(2) Prohibition. No institution of higher education may conduct or provide
19funding to another entity to conduct gain of function research on potentially
20pandemic pathogens.
SB401,5,23 21(3) Penalty. (a) Notwithstanding any other provision of this chapter, if an
22institution of higher education violates sub. (2), the board may not allocate any state
23funds to that institution of higher education for the following fiscal year.
SB401,6,3
1(b) The penalty under this subsection applies if a state or federal court in this
2state finds that, on the basis of a preponderance of the evidence, the institution of
3higher education violated sub. (2).
SB401,4 4Section 4 . 252.23 of the statutes is created to read:
SB401,6,7 5252.23 Potentially pandemic pathogen research; report requirement.
6(1) Definition. In this section, “potentially pandemic pathogen” has the meaning
7given in s. 36.41 (1) (b).
SB401,6,12 8(2) Report requirement. (a) A person that intends to conduct research on a
9potentially pandemic pathogen, regardless of whether the person will use state funds
10for the research, shall, at least 90 days before beginning the research and in the form
11prescribed by the department, submit a report to the department on the intended
12research that includes all of the following:
SB401,6,1313 1. The location where the research will be conducted.
SB401,6,1414 2. The scope, nature, and purpose of the research.
SB401,6,1515 3. The source of funding for the research.
SB401,6,1716 4. The identity of the potentially pandemic pathogen, including the strains or
17variants of the pathogen, that will be used or analyzed in the research.
SB401,6,1918 5. The potential impact the potentially pandemic pathogen will have on the
19public if released into the general population.
SB401,6,2120 6. The measures the person will take to ensure the potentially pandemic
21pathogen is not released into the general population.
SB401,6,2422 (b) Upon request by the department, a person that submits a report under par.
23(a) shall provide to the department any additional information the department
24determines is necessary for the department to do any of the following:
SB401,7,2
11. Properly inform federal, state, and local governmental authorities that the
2research will be conducted.
SB401,7,43 2. Ensure adequate response plans and resources are available in the event a
4potentially pandemic pathogen is released into the general population.
SB401,7,85 (c) If, after reviewing the information a person submits under pars. (a) and (b),
6the department determines that the person's intended research poses a substantial
7and unjustifiable risk to public health and safety, the capacity of public health
8systems, or the security of this state, the department may do any of the following:
SB401,7,129 1. For research conducted by an institution or college campus within the
10University of Wisconsin System or a technical college within the technical college
11system, request that the governor issue an order prohibiting the conduct of the
12research.
SB401,7,1513 2. For research conducted by a person other than a person listed in subd. 1.,
14request that the attorney general commence legal action for an injunction enjoining
15the conduct of the research.
SB401,7,18 16(3) Penalty. A person that violates sub. (2) (a) may be required to forfeit not
17less than $50,000 nor more than $100,000 for each violation. Each day of continued
18violation constitutes a separate offense.
SB401,5 19Section 5 . Initial applicability.
SB401,7,2120 (1) The treatment of s. 252.23 first applies to research that is scheduled to begin
21120 days after the effective date of this subsection.
SB401,7,2222 (End)
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