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LRB-5402/1
SWB:kjf&cdc
2019 - 2020 LEGISLATURE
January 29, 2020 - Introduced by Senators Schachtner, Bewley, Carpenter,
Larson, Risser and Shilling, cosponsored by Representatives Bowen,
Anderson, Billings, Crowley, Doyle, Emerson, Fields, Hebl, Hesselbein,
Kolste, Neubauer, Ohnstad, Pope, Riemer, Sargent, Shankland, Sinicki,
Spreitzer, Subeck, C. Taylor, Vining, Vruwink and Zamarripa. Referred to
Committee on Health and Human Services.
SB751,1,3 1An Act to amend 250.04 (2) (a) and 323.02 (16) (intro.), (a) and (b) 2.; and to
2create
20.435 (1) (by) and 323.135 of the statutes; relating to: agency
3authority regarding public health emergencies and making an appropriation.
Analysis by the Legislative Reference Bureau
This bill expands the definition of public health emergencies and the authority
of the Department of Health Services to respond to public health emergencies.
Under current law, a public health emergency is defined as the occurrence or
imminent threat of an illness or health condition that meets all of the following
criteria: 1) is believed to be caused by bioterrorism or a novel or previously controlled
or eradicated biological agent; and 2) poses a high probability of either a large
number of deaths or serious long-term disabilities among humans or a high
probability of widespread exposure to a biological, chemical, or radiological agent
that creates a significant risk of substantial future harm to a large number of people.
The bill expands the definition to include toxins or other threats to health and further
requires that any, rather than all, of the criteria be met. The bill also eliminates the
requirement that the significant risk of substantial future harm to a large number
of people be created by a high probability of widespread exposure to a biological,
chemical, or radiological agent.
The bill further establishes a public health emergency general appropriation
and grants DHS authority to expend these moneys during a declared public health
emergency for certain purposes, including to facilitate coordination between and
among federal, state, local, and tribal agencies, social services, and public and

private health care entities that the state health officer determines may be affected
by a public health emergency; to make grants, provide for awards, enter into
contracts, and conduct supportive investigations pertaining to a public health
emergency or potential public health emergency; and to support emergency
operations related to the public health emergency, including investigation,
education, and eradication. The bill provides that during a public health emergency,
DHS possesses all powers necessary to respond to that emergency, including, subject
to the approval of the governor, the powers to confidentially investigate the cause and
extent of any declared public health emergency and issue orders necessary to protect
public 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:
SB751,1 1Section 1. 20.435 (1) (by) of the statutes is created to read:
SB751,2,32 20.435 (1) (by) Public health emergency general costs. A sum sufficient to fund
3the public health emergency fund under s. 323.135.
SB751,2 4Section 2. 250.04 (2) (a) of the statutes is amended to read:
SB751,2,125 250.04 (2) (a) The department possesses all powers necessary to fulfill the
6duties prescribed in the statutes and to bring action in the courts for the enforcement
7of public health statutes and rules. Notwithstanding s. 227.112, during a public
8health emergency declared under s. 323.10, the department possesses all powers
9necessary to respond to that emergency, including, as described under s. 323.135, the
10powers to expend public health emergency funds and, subject to approval of the
11governor, to confidentially investigate the cause and extent of any declared public
12health emergency and issue orders necessary to protect public health.
SB751,3 13Section 3. 323.02 (16) (intro.), (a) and (b) 2. of the statutes are amended to
14read:
SB751,3,3
1323.02 (16) (intro.) “Public health emergency" means the occurrence or
2imminent threat of an illness or health condition that meets all any of the following
3criteria:
SB751,3,64 (a) Is believed caused or suspected to be caused by bioterrorism or a novel or
5previously controlled or eradicated
a biological agent, toxin, bioterrorism, or other
6threat to health
.
SB751,3,97 (b) 2. A high probability of widespread exposure to a biological, chemical, or
8radiological agent that creates a
significant risk of substantial future harm to a large
9number of people.
SB751,4 10Section 4. 323.135 of the statutes is created to read:
SB751,3,12 11323.135 Powers of the department of health services during a public
12health emergency.
(1) In this section:
SB751,3,1313 (a) “Department” means the department of health services.
SB751,3,1414 (b) “State health officer” has the meaning given in s. 250.01 (9).
SB751,3,20 15(2) Subject to the approval of the governor, the department of health services
16may confidentially investigate the cause and extent of any declared public health
17emergency, and notwithstanding s. 227.112, may issue such orders and public health
18advisories as it determines are necessary to protect public health. Notwithstanding
19any exceptions contained in s. 146.82 (2), any patient specific information collected
20by the department shall remain confidential.
SB751,3,23 21(3) From the appropriation under s. 20.435 (1) (by), the department may,
22during a declared public health emergency, use public health emergency moneys for
23any of the following purposes:
SB751,4,3
1(a) To facilitate coordination between and among federal, state, local, and tribal
2agencies, social services, and public and private health care entities that the state
3health officer determines may be affected by a public health emergency.
SB751,4,64 (b) To make grants, provide for awards, enter into contracts, and conduct
5supportive investigations pertaining to a public health emergency or potential public
6health emergency.
SB751,4,97 (c) To facilitate advanced research, purchase products, and develop security
8measures or pandemic or epidemic products that are applicable to the public health
9emergency or potential emergency.
SB751,4,1210 (d) To strengthen biosurveillance capabilities and laboratory capacity to
11identify, collect, and analyze information regarding the public health emergency or
12potential emergency.
SB751,4,1413 (e) To support emergency operations related to the public health emergency,
14including investigation, education, and eradication.
SB751,4,1615 (f) To carry out other activities as the state health officer determines applicable
16and appropriate.
SB751,4,1717 (End)
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