Amendment ASA1-AB40

AB40-ASA1,631,19 50.01 (1g) (c) A shelter facility as defined under s. 560.9808 16.308 (1) (d).

AB40-ASA1, s. 1649 Section 1649. 50.02 (1) of the statutes is amended to read:

AB40-ASA1,632,10 50.02 (1) Departmental authority. The department may provide uniform, statewide licensing, inspection, and regulation of community-based residential facilities and nursing homes as provided in this subchapter. The department shall certify, inspect, and otherwise regulate adult family homes, as specified under ss. 50.031 and s. 50.032 and shall license adult family homes, as specified under s. 50.033. Nothing in this subchapter may be construed to limit the authority of the department of commerce safety and professional services or of municipalities to set standards of building safety and hygiene, but any local orders of municipalities shall be consistent with uniform, statewide regulation of community-based residential facilities. The department may not prohibit any nursing home from distributing over-the-counter drugs from bulk supply. The department may consult with nursing homes as needed and may provide specialized consultations when requested by any nursing home, separate from its inspection process, to scrutinize any particular questions the nursing home raises. The department shall, by rule, define "specialized consultation".

AB40-ASA1, s. 1650 Section 1650. 50.02 (2) (a) of the statutes is amended to read:

AB40-ASA1,632,24 50.02 (2) (a) The department, by rule, shall develop, establish and enforce regulations and standards for the care, treatment, health, safety, rights, welfare and comfort of residents in community-based residential facilities and nursing homes and for the construction, general hygiene, maintenance and operation of those facilities which, in the light of advancing knowledge, will promote safe and adequate accommodation, care and treatment of residents in those facilities; and promulgate and enforce rules consistent with this section. Such standards and rules shall provide that intermediate care facilities, which have 16 or fewer beds may, if exempted from meeting certain physical plant, staffing and other requirements of the federal regulations, be exempted from meeting the corresponding provisions of the department's standards and rules. The department shall consult with the department of commerce safety and professional services when developing exemptions relating to physical plant requirements.

AB40-ASA1, s. 1652 Section 1652. 50.031 of the statutes is repealed.

AB40-ASA1, s. 1653 Section 1653. 50.035 (2) (a) 3. of the statutes is amended to read:

AB40-ASA1,633,6 50.035 (2) (a) 3. The department or the department of commerce safety and professional services may waive the requirement under subd. 1. or 2. for a community-based residential facility that has a smoke detection or sprinkler system in place that is at least as effective for fire protection as the type of system required under the relevant subdivision.

AB40-ASA1, s. 1654 Section 1654. 50.035 (2) (b) (intro.) of the statutes is amended to read:

AB40-ASA1,633,11 50.035 (2) (b) (intro.) No facility may install a smoke detection system that fails to receive the approval of the department or of the department of commerce safety and professional services. At least one smoke detector shall be located at each of the following locations:

AB40-ASA1, s. 1656 Section 1656. 50.065 (2) (am) 3. of the statutes is amended to read:

AB40-ASA1,633,15 50.065 (2) (am) 3. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

AB40-ASA1, s. 1657 Section 1657. 50.065 (2) (b) 3. of the statutes is amended to read:

AB40-ASA1,633,19 50.065 (2) (b) 3. Information maintained by the department of regulation and licensing safety and professional services regarding the status of the person's credentials, if applicable.

AB40-ASA1, s. 1658 Section 1658. 50.065 (4m) (a) 5. of the statutes is amended to read:

AB40-ASA1,633,24 50.065 (4m) (a) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB40-ASA1, s. 1659 Section 1659. 50.065 (4m) (b) 5. of the statutes is amended to read:

AB40-ASA1,634,4 50.065 (4m) (b) 5. That, in the case of a position for which the person must be credentialed by the department of regulation and licensing safety and professional services, the person's credential is not current or is limited so as to restrict the person from providing adequate care to a client.

AB40-ASA1, s. 1660 Section 1660. 50.36 (1) of the statutes is amended to read:

AB40-ASA1,634,18 50.36 (1) The department shall promulgate, adopt, amend and enforce such rules and standards for hospitals for the construction, maintenance and operation of the hospitals deemed necessary to provide safe and adequate care and treatment of the patients in the hospitals and to protect the health and safety of the patients and employees; and nothing contained herein shall pertain to a person licensed to practice medicine and surgery or dentistry. The building codes and construction standards of the department of commerce safety and professional services shall apply to all hospitals and the department may adopt additional construction codes and standards for hospitals, provided they are not lower than the requirements of the department of commerce safety and professional services. Except for the construction codes and standards of the department of commerce safety and professional services and except as provided in s. 50.39 (3), the department shall be the sole agency to adopt and enforce rules and standards pertaining to hospitals.

AB40-ASA1, s. 1661 Section 1661. 50.36 (6) of the statutes is amended to read:

AB40-ASA1,634,23 50.36 (6) If the department receives a credible complaint that a pharmacy located in a hospital has violated its duty to dispense contraceptive drugs and devices under s. 450.095 (2), the department shall refer the complaint to the department of regulation and licensing safety and professional services.

AB40-ASA1, s. 1663 Section 1663. 51.03 (6) of the statutes is repealed.

AB40-ASA1, s. 1663p Section 1663p. 51.20 (5) of the statutes is amended to read:

AB40-ASA1,635,13 51.20 (5) Hearing requirements. The hearings which are required to be held under this chapter shall conform to the essentials of due process and fair treatment including the right to an open hearing, the right to request a closed hearing, the right to counsel, the right to present and cross-examine witnesses, the right to remain silent and the right to a jury trial if requested under sub. (11). The parent or guardian of a minor who is the subject of a hearing shall have the right to participate in the hearing and to be represented by counsel. All proceedings under this chapter shall be reported as provided in SCR 71.01. The court may determine to hold a hearing under this section at the institution at which the individual is detained, whether or not located in the same county as the court with which the petition was filed, unless the individual or his or her attorney objects. The court may determine whether the individual attends the hearing in person by videoconferencing, as defined in s. 885.52 (3).

AB40-ASA1, s. 1664 Section 1664. 51.35 (5) of the statutes is amended to read:

AB40-ASA1,635,22 51.35 (5) Residential living arrangements; transitionary services. The department and any person, director, or board authorized to discharge or transfer patients under this section shall ensure that a proper residential living arrangement and the necessary transitionary services are available and provided for the patient being discharged or transferred. Under this subsection, a proper residential living arrangement may not include a shelter facility, as defined under s. 560.9808 16.308 (1) (d), unless the discharge or transfer to the shelter facility is made on an emergency basis for a period not to exceed 10 days.

AB40-ASA1, s. 1665 Section 1665. 51.42 (3) (a) of the statutes is amended to read:

AB40-ASA1,636,7 51.42 (3) (a) Creation. Except as provided under s. 46.23 (3) (b), the county board of supervisors of any county, or the county boards of supervisors of 2 or more contiguous counties, shall establish a county department of community programs on a single-county or multicounty basis to administer a community mental health, developmental disabilities, alcoholism and drug abuse program, make appropriations to operate the program and authorize the county department of community programs to apply for grants-in-aid under s. 51.423. The county department of community programs shall consist of a county community programs board, a county community programs director and necessary personnel.

AB40-ASA1, s. 1666 Section 1666. 51.42 (7) (a) 7. of the statutes is amended to read:

AB40-ASA1,636,14 51.42 (7) (a) 7. Develop a program in consultation with the department of regulation and licensing safety and professional services to use voluntary, uncompensated services of licensed or certified professionals to assist the department of health services in evaluating community mental health programs in exchange for continuing education credits for the professionals under ss. 448.40 (2) (e) and 455.065 (5).

AB40-ASA1, s. 1667 Section 1667. 51.437 (4g) (a) of the statutes is amended to read:

AB40-ASA1,637,2 51.437 (4g) (a) Except as provided under par. (b) and ss. 46.21 (2m) (b) and 46.23 (3) (b), every county board of supervisors shall establish a county department of developmental disabilities services on a single-county or multicounty basis to furnish services within its county. Adjacent counties, Counties lacking the financial resources and professional personnel needed to provide or secure such services on a single-county basis, may and shall be encouraged to combine their energies and financial resources to provide these joint services and facilities with the approval of the department of health services. The county department of developmental disabilities services shall consist of a county developmental disabilities services board, a county developmental disabilities services director and necessary personnel.

AB40-ASA1, s. 1667g Section 1667g. 51.61 (1) (o) of the statutes is amended to read:

AB40-ASA1,637,20 51.61 (1) (o) Except as otherwise provided, have a right not to be filmed or taped, unless the patient signs an informed and voluntary consent that specifically authorizes a named individual or group to film or tape the patient for a particular purpose or project during a specified time period. The patient may specify in the consent periods during which, or situations in which, the patient may not be filmed or taped. If a patient is adjudicated incompetent, the consent shall be granted on behalf of the patient by the patient's guardian. A patient in Goodland Hall at the Mendota Mental Health Institute, or a patient detained or committed under ch. 980 and placed in a facility specified under s. 980.065, or a patient who is in the legal custody of or under the supervision of the department of corrections, may be subject to video surveillance or filmed or taped for security purposes without the patient's consent, except that such a patient may not be filmed in patient bedrooms or bathrooms without the patient's consent unless the patient is engaged in dangerous or disruptive behavior. A treatment activity involving a patient committed or detained under ch. 980 may be filmed or taped if the purpose of the recording is to assess the quality of the treatment activity or to facilitate clinical supervision of the staff involved in the treatment activity.

AB40-ASA1, s. 1668 Section 1668. 55.043 (4) (b) 5. of the statutes is amended to read:

AB40-ASA1,637,25 55.043 (4) (b) 5. Refer the case to the department of regulation and licensing safety and professional services if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in s. 440.01 (2) (a), under chs. 440 to 460.

AB40-ASA1, s. 1670 Section 1670. 59.27 (10) of the statutes is amended to read:

AB40-ASA1,638,4 59.27 (10) To enforce in the county all general orders of the department of commerce safety and professional services relating to the sale, transportation and storage of explosives.

AB40-ASA1, s. 1677 Section 1677. 59.57 (1) (a) of the statutes is amended to read:

AB40-ASA1,638,17 59.57 (1) (a) Subject to par. (b), the board may appropriate money for and create a county industrial development agency or to any nonprofit agency organized to engage or engaging in activities described in this paragraph, appoint an executive officer and provide a staff and facilities to promote and develop the resources of the county and of its component municipalities. To this end the agency may, without limitation because of enumeration, develop data regarding the industrial needs, advantages and sites in the county, acquaint the purchaser with the products of the county by promotional activities, coordinate its work with that of the county planning commission, the department of commerce Wisconsin Economic Development Corporation, and private credit development corporations , and do all things necessary to provide for the continued improvement of the industrial climate of the county.

AB40-ASA1, s. 1678 Section 1678. 59.57 (1) (b) of the statutes is amended to read:

AB40-ASA1,638,23 59.57 (1) (b) If a county with a population of 500,000 or more appropriates money under par. (a) to fund nonprofit agencies, the county shall have a goal of expending 20% of the money appropriated for this purpose to fund a nonprofit agency that is actively managed by minority group members, as defined in s. 560.036 16.287 (1) (f), and that principally serves minority group members.

AB40-ASA1, s. 1679d Section 1679d. 59.58 (6) of the statutes is repealed.

AB40-ASA1, s. 1679h Section 1679h. 59.58 (7) of the statutes, as affected by 2011 Wisconsin Act ... (this act), is repealed.

AB40-ASA1, s. 1679p Section 1679p. 59.58 (7) (e) (intro.) of the statutes is amended to read:

AB40-ASA1,639,6 59.58 (7) (e) (intro.) The Subject to s. 77.9973 (2), the authority may impose the fees under subch. XIII of ch. 77. From the fees, the authority may do all of the following:

AB40-ASA1, s. 1679t Section 1679t. 59.58 (7) (i) and (j) of the statutes are repealed.

AB40-ASA1, s. 1680m Section 1680m. 59.605 (6) of the statutes is created to read:

AB40-ASA1,639,10 59.605 (6) Temporary suspension of the limit. This section does not apply to a county's levy that is imposed in December 2011 or December 2012.

AB40-ASA1, s. 1681 Section 1681. 59.69 (4c) of the statutes is amended to read:

AB40-ASA1,639,16 59.69 (4c) Construction site ordinance limits. Except as provided in s. 281.33 (3m) (f) 101.1206 (5m), an ordinance that is enacted under sub. (4) may only include provisions that are related to construction site erosion control if those provisions are limited to sites where the construction activities do not include the construction of a building.

AB40-ASA1, s. 1682 Section 1682 . 59.69 (15) (intro.) of the statutes is amended to read:

AB40-ASA1,639,22 59.69 (15) Community and other living arrangements. (intro.) For purposes of this section, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any municipality, shall be subject to the following criteria:

AB40-ASA1, s. 1683 Section 1683. 59.691 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,640,2 59.691 (2) (b) 1. A county is not required to give the notice under par. (a) at the time that it issues a building permit if the county issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.

AB40-ASA1, s. 1684p Section 1684p. 59.875 of the statutes, as created by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1,640,7 59.875 Payment of contributions in an employee retirement system of populous counties. (1) In this section, "county" means any county having a population of 500,000 or more.

AB40-ASA1,640,14 (2) (a) Beginning on the effective date of this subsection .... [LRB inserts date], in any employee retirement system of a county, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in par. (b), employees shall pay half of all actuarially required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee's share of the actuarially required contributions.

AB40-ASA1,640,20 (b) 1. An employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the employer before the effective date of this subdivision .... [LRB inserts date], the same contributions required by par. (a) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1,641,5 2. An employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the employer before the effective date of this subdivision .... [LRB inserts date], and who on or after the effective date of this subdivision .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the employer, or a successor employer in the event of a combined department that is created on or after the effective date of this subdivision .... [LRB inserts date], the same contributions required by par. (a) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1, s. 1685 Section 1685. 60.23 (4) (c) of the statutes is amended to read:

AB40-ASA1,641,9 60.23 (4) (c) Coordinate its activities with the county planning commission, the department of commerce Wisconsin Economic Development Corporation, and private credit development organizations.

AB40-ASA1, s. 1686 Section 1686. 60.55 (1) (a) 5. of the statutes is created to read:

AB40-ASA1,641,12 60.55 (1) (a) 5. Creating a combined protective services department under s. 60.553.

AB40-ASA1, s. 1687 Section 1687. 60.553 of the statutes is created to read:

AB40-ASA1,641,15 60.553 Combined protective services. (1) Any town may provide police and fire protection services by any of the following:

AB40-ASA1,641,21 (a) A combined protective services department which is neither a police department under s. 60.56 (1) (a) nor a fire department under s. 60.55 (1) (a), and in which the same person may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under s. 62.13 (7n).

AB40-ASA1,642,2 (b) Persons in a police department or fire department who, alone or in combination with persons designated as police officers or fire fighters, may be required to perform police protection and fire protection duties without being required to perform police protection duties for more than 8 hours in each 24 hours except in emergency situations, as described under s. 62.13 (7n).

AB40-ASA1,642,6 (2) The governing body of a town acting under sub. (1) may designate any person required to perform police protection and fire protection duties under sub. (1) as primarily a police officer or fire fighter for purposes described in ss. 62.13 (7m), (7n), (10m), and (11) 891.45, 891.453, and 891.455.

AB40-ASA1, s. 1688 Section 1688. 60.56 (1) (a) 4. of the statutes is created to read:

AB40-ASA1,642,9 60.56 (1) (a) 4. Creating a combined protective services department under s. 60.553.

AB40-ASA1, s. 1689 Section 1689. 60.56 (1) (am) (intro.) of the statutes is amended to read:

AB40-ASA1,642,21 60.56 (1) (am) (intro.) If a town board establishes a town police department under par. (a) 1. or 2. and does not create a board of police commissioners singly or in combination with another town, village or city, or if a town board establishes a combined protective services department under s. 60.553 and does not create a board of police and fire commissioners, the town may not suspend, reduce, suspend and reduce, or remove any police chief, chief of a combined protective services department, or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, unless the town board does one of the following:

AB40-ASA1, s. 1690 Section 1690. 60.57 (1) (c) of the statutes is amended to read:

AB40-ASA1,642,24 60.57 (1) (c) If the town has both a police and fire department, or a combined protective services department, establish a board of police and fire commissioners.

AB40-ASA1, s. 1691 Section 1691. 60.625 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,643,4 60.625 (2) (b) 1. A town is not required to give the notice under par. (a) at the time that it issues a building permit if the town issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.

AB40-ASA1, s. 1692 Section 1692 . 60.63 (intro.) of the statutes is amended to read:

AB40-ASA1,643,10 60.63 Community and other living arrangements. (intro.) For purposes of s. 60.61, the location of a community living arrangement for adults, as defined in s. 46.03 (22), a community living arrangement for children, as defined in s. 48.743 (1), a foster home, as defined in s. 48.02 (6), or an adult family home, as defined in s. 50.01 (1) (a) or (b), in any town shall be subject to the following criteria:

AB40-ASA1, s. 1693 Section 1693. 60.71 (4) (b) of the statutes is amended to read:

AB40-ASA1,643,16 60.71 (4) (b) The town board shall publish a class 2 notice, under ch. 985, of the hearing. The notice shall contain an announcement of the hearing and a description of the boundaries of the proposed town sanitary district. The town board shall mail the notice to the department of commerce safety and professional services and the department of natural resources at least 10 days prior to the hearing.

AB40-ASA1, s. 1694 Section 1694. 60.71 (4) (c) of the statutes is amended to read:

AB40-ASA1,643,25 60.71 (4) (c) Any person may file written comments on the formation of the district with the town clerk. Any owner of property within the boundary of the proposed district may appear at the hearing and offer objections, criticisms or suggestions as to the necessity of the proposed district and the question of whether his or her property will be benefited by the establishment of the district. A representative of the department of commerce safety and professional services and of the department of natural resources may attend the hearing and advise the town board.

AB40-ASA1, s. 1695 Section 1695. 60.85 (14) of the statutes is repealed.

AB40-ASA1, s. 1696 Section 1696. 61.352 (2) (b) 1. of the statutes is amended to read:

AB40-ASA1,644,6 61.352 (2) (b) 1. A village is not required to give the notice under par. (a) at the time that it issues a building permit if the village issues the building permit on a standard building permit form prescribed by the department of commerce safety and professional services.

AB40-ASA1, s. 1697 Section 1697. 61.65 (1) (am) (intro.) of the statutes is amended to read:

AB40-ASA1,644,17 61.65 (1) (am) (intro.) If a village establishes a police department and does not create a board of police commissioners singly or in combination with another municipality, or if a village board establishes a combined protective services department under s. 61.66 and does not create a board of police and fire commissioners, the village may not suspend, reduce, suspend and reduce, or remove any police chief, chief of a combined protective services department, or other law enforcement officer who is not probationary, and for whom there is no valid and enforceable contract of employment or collective bargaining agreement which provides for a fair review prior to that suspension, reduction, suspension and reduction or removal, unless the village does one of the following: