SB 401

This bill prohibits institutions of higher education in this state from conducting

gain of function research on potentially pandemic pathogens. If an institution of

higher education violates the provisions of the bill, the board overseeing the

institution's receipt of state funds may not allocate any state funds to the institution

for the following fiscal year. “Institution of higher education” is defined in the bill

as an institution or college campus within the University of Wisconsin System, a

technical college within the Technical College System, a tribally controlled college,

or a private, nonprofit institution of higher education located in this state. “Gain of

function research” is defined in the bill to mean research that may be reasonably

anticipated to enhance the transmissibility or virulence of a potentially pandemic

pathogen. “Potentially pandemic pathogen” is defined in the bill to mean a virus,

bacteria, fungus, or eukaryotic parasite, or any strain or variant of a virus, bacteria,

fungus, or eukaryotic parasite, that is any of the following: 1) likely, moderately, or

highly transmissible and likely capable of wide and uncontrollable spread in human

populations; 2) likely, moderately, or highly virulent and likely to cause significant

mortality and morbidity in human beings; or 3) likely to pose a severe threat to public

health and safety, the capacity of public health systems, or the security of this state

if allowed to spread within the general population.

In addition, the bill requires a person to submit a report to the Department of

Health Services at least 90 days before beginning research on a potentially pandemic

pathogen. The report must include 1) the location where the research will be

conducted; 2) the scope, nature, and purpose of the research; 3) the source of funding

for the research; 4) the identity of the pathogen that will be used or analyzed in the

research; 5) the potential impact the pathogen will have on the public if released into

the general population; and 6) the measures the person will take to ensure the

pathogen is not released. If a person does not timely provide this report, the person

may be required to forfeit not less than $50,000 nor more than $100,000 for each day

the person does not provide the report.

The bill allows DHS to request additional information about the research as

needed to inform governmental authorities that the research will be conducted and

to ensure adequate response plans and resources are available in the event a

potentially pandemic pathogen is released into the general population. The bill

allows DHS to request an executive order or an injunction to stop the research if DHS

determines the research poses a substantial and unjustifiable risk to public health

and safety, the capacity of public health systems, or the security of this state.