AB655: Bill Text

LRB-3813/2

DAK&GMM:cjs:jf

2001 - 2002 LEGISLATURE

2001 Assembly BILL 655

December 3, 2001 - Introduced by Law Revision Committee. Referred to Committee on Health.

AB655,2,13 An Act to repeal 15.197 (11n) (a) 4., 15.197 (11n) (b), 15.197 (11n) (c), 15.197 (11n) (d) and 252.15 (2) (am) 2. b.; to renumber 15.197 (11n) (a) 1. to 3.; to renumber and amend 15.197 (11n) (intro.) (except 15.197 (11n) (title)), 15.197 (11n) (a) (intro.), 48.02 (2c), 115.76 (4), 252.15 (2) (am) 2. a. and 938.02 (2c); to amend 46.03 (22) (a), 46.10 (14) (b), 46.261 (1) (a), 46.261 (2) (a) 3., 46.261 (2) (a) 4., 46.261 (2) (b), 48.33 (4) (intro.), 48.345 (3) (d), 48.371 (1), 48.371 (3) (intro.), 48.371 (3) (a), 48.371 (3) (b), 48.371 (3) (c), 48.371 (3) (d), 48.38 (2) (intro.), 48.48 (17) (c) 4., 48.57 (3) (a) 4., 48.60 (4) (b), 48.60 (5) (a) (intro.), 48.615 (1) (a), 48.68 (2), 48.68 (3), 48.68 (4), 48.745 (1), 48.745 (2), 48.745 (3), 48.981 (1) (am) 5., 48.981 (2), 48.988 (2) (b), 49.19 (1) (a) 2. b., 49.19 (10) (b), 49.19 (10) (c), 49.19 (10) (d), 49.19 (10) (e), 70.11 (19), 115.762 (3) (g), 115.81 (1) (b), 115.81 (2), 115.81 (3) (a), 115.81 (3) (b) 2. b., 115.81 (4) (intro.), 115.81 (4) (a) 3., 115.81 (4) (a) 4., 115.81 (4) (a) 5., 115.81 (4) (b) 1., 115.81 (4) (b) 2., 115.81 (4) (b) 3., 115.81 (4) (b) 4., 115.81 (4) (b) 5., 146.82 (2) (a) 18m., 252.15 (5) (a) 19., 301.08 (1) (b) 3., 301.12 (14) (b), 301.26 (4) (d) 2., 301.26 (4) (d) 3., 767.29 (3) (b), 938.02 (15g), 938.02 (19r), 938.08 (3) (a) 1., 938.08 (3) (a) 2., 938.08 (3) (b), 938.33 (4) (intro.), 938.34 (3) (d), 938.371 (1), 938.371 (3) (intro.), 938.371 (3) (a), 938.371 (3) (b), 938.371 (3) (c), 938.371 (3) (d), 938.38 (2) (intro.), 938.51 (1d) (intro.), 938.51 (4) (intro.), 938.538 (3) (a) 1p., 938.539 (5), 938.57 (3) (a) 4., 938.78 (3) and 940.295 (2) (m); and to create 15.197 (11n) (am) (intro.), 15.197 (11n) (am) 2., 15.197 (11n) (am) 3., 15.197 (11n) (bm), 15.197 (11n) (cm), 51.437 (14r) (a) 7. and 51.437 (14r) (c) of the statutes; relating to: testing of donors of human ova for the presence of human immunodeficiency virus; membership of the council on developmental disabilities; and changing the term used to describe a residential facility operated by a child welfare agency for the care and maintenance of children (suggested as remedial legislation by the department of health and family services).

Analysis by the Legislative Reference Bureau

Testing human ova donors for HIV

Under current law, a health care provider who procures, processes, distributes, or uses human ova that are donated to an individual designated by the donor, a hospital, a physician, an organ procurement organization, an accredited medical or dental school, college, or university, is required to test the proposed donor for the human immunodeficiency virus (HIV), any antigen or nonantigenic products of HIV, or an antibody to HIV to assure medical acceptability of the gift, if the state epidemiologist finds that the use of donated human ova presents a significant risk of transmitting HIV to a donee and if the secretary of health and family services (secretary) issues an order that specifies the requirements for the testing.

This bill requires that donors of human ova be tested for HIV, any antigen or nonantigenic products of HIV, or an antibody to HIV regardless of whether the state epidemiologist finds that using the donated human ova presents a significant risk of transmitting HIV or the secretary issues an order specifying the requirements for the tests.

Membership of the council on developmental disabilities

Under current state law, for the council on developmentally disabilities, which is attached to the department of health and family services, the governor must appoint members who meet certain requirements. Certain members must be appointed to represent institutions of higher education and state agencies that administer funds to provide direct services to the developmentally disabled; currently, these members include the secretaries of health and family services and workforce development, the state superintendent of public instruction, and the president of the University of Wisconsin System. Other members must be representative of nongovernmental agencies and groups concerned with these services. Further, at least one-half of the membership must consist of persons with developmental disabilities or their parents or guardians or of immediate relatives or guardians of persons with mentally impairing developmental disabilities; these members may not manage, own, or have a controlling interest in an entity that receives federal developmental disabilities funds or provides services using those funds and may not be employees of any state agency that receives the funds or provides the services.

Under current federal law, the membership of a state council on developmental disabilities must be geographically representative of the state and reflect the state's diversity with respect to race and ethnicity. At least 60% of the membership of the council must consist of individuals with developmental disabilities; parents or guardians of children with developmental disabilities; or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves. These persons may not be employees of a state agency that receives federal developmental disabilities funds or provides services using those funds and may not be managing employees of an entity that receives the funds or provides the services using those funds. Further, of that 60% of the membership, one-third must be individuals with developmental disabilities; one-third must be parents or guardians or immediate relatives of individuals with developmental disabilities; and one-third must be individuals who meet either of these requirements. Membership also must include representatives of state entities that administer federal funds for the developmentally disabled, but is not required to include representatives of institutions of higher education; in addition, membership must include representatives of the entity that is designated as a university center for excellence in developmental disabilities education, research, and services, the state protection and advocacy system, and local and nongovernmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities. These members must recuse themselves from council discussion of grants or contracts for which the entity represented by the member is a grantee, contractor, or applicant and are precluded from voting on matters that constitute or give the appearance of a conflict of interest. Lastly, federal law requires that the council notify the governor regarding membership requirements of the council and if vacancies on the council remain unfilled for a significant period of time and, if requested by the governor, coordinate recommendations of the council and the public to the governor regarding council membership.

This bill changes the requirements for membership of the council on developmental disabilities to conform to the federal requirements for the council. Under the bill, these changed requirements first apply to appointments made on the date on which this bill becomes law.

Term used for facility operated by child welfare agency

Under current law, a "child caring institution" is defined as a facility operated by a licensed child welfare agency for the care and maintenance of children residing in that facility. Current law requires a person who provides care and maintenance for 75 days in any consecutive 12-month period for four or more children at any one time to obtain a license to operate a child welfare agency from the department of health and family services. This bill changes the term "child caring institution" to "residential care center for children and youth."

For further information, see the Notes provided by the law revision committee of the joint legislative council.

For further information see the state and local 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:

Law revision committee prefatory note: This bill is a remedial legislation proposal, requested by the department of health and family services and introduced by the law revision committee under s. 13.83 (1) (c) 4., stats. After careful consideration of the various provisions of the bill, the law revision committee has determined that this bill makes minor substantive changes in the statutes, and that these changes are desirable as a matter of public policy.

AB655, s. 1 Section 1 . 15.197 (11n) (intro.) (except 15.197 (11n) (title)) of the statutes is renumbered 15.197 (11n) (ag) and amended to read:

AB655,4,6 15.197 (11n) (ag) There is created a council on developmental disabilities, attached to the department of health and family services under s. 15.03. Members shall be state residents and shall be appointed in the following manner for staggered 4-year terms:

Note: Sections 1 to 12 change the requirements for membership to the state council on developmental disabilities to conform to the federal requirements for council membership. Currently, the membership of the council does not reflect the membership requirements specified under federal law.

AB655, s. 2 Section 2. 15.197 (11n) (a) (intro.) of the statutes is renumbered 15.197 (11n) (am) 1. (intro.) and amended to read:

AB655,5,2 15.197 (11n) (am) 1. (intro.) Agencies A representative of each of the relevant agencies of the state providing direct services to the developmentally disabled shall be represented by members of the council that administer federal funds related to individuals with disabilities, to be designated by:

AB655, s. 3 Section 3. 15.197 (11n) (a) 1. to 3. of the statutes are renumbered 15.197 (11n) (am) 1. a. to c.

AB655, s. 4 Section 4. 15.197 (11n) (a) 4. of the statutes is repealed.

AB655, s. 5 Section 5. 15.197 (11n) (am) (intro.) of the statutes is created to read:

AB655,5,10 15.197 (11n) (am) (intro.) Subject to par. (cm), the council shall consist of the following state residents, appointed for staggered 4-year terms, who shall be representative of all geographic areas of the state and reflect the state's diversity with respect to race and ethnicity:

AB655, s. 6 Section 6. 15.197 (11n) (am) 2. of the statutes is created to read:

AB655,5,13 15.197 (11n) (am) 2. Representatives of individuals with developmental disabilities, who are any of the following:

AB655,5,14 a. Individuals with developmental disabilities.

AB655,5,15 b. Parents or guardians of children with developmental disabilities.

AB655,5,17 c. Immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves.

AB655, s. 7 Section 7. 15.197 (11n) (am) 3. of the statutes is created to read:

AB655,5,21 15.197 (11n) (am) 3. A representative of each of the following who has sufficient authority to engage in policy planning and implementation for the entity represented:

AB655,5,24 a. The entity in this state that is designated by the federal department of health and human services as a university center for excellence in developmental disabilities education, research, and services.

AB655,6,2 b. The state protection and advocacy system under s. 51.62, designated by the director of the state protection and advocacy agency under s. 51.62 (2).

AB655,6,5 c. Each of the local governmental agencies, nongovernmental agencies, and private nonprofit groups that are concerned with services for individuals with developmental disabilities.

AB655, s. 8 Section 8. 15.197 (11n) (b) of the statutes is repealed.

AB655, s. 9 Section 9. 15.197 (11n) (bm) of the statutes is created to read:

AB655,6,12 15.197 (11n) (bm) A member specified in par. (am) 1. or 3. shall recuse himself or herself from any discussion by the council of grants or contracts for which the member's department, agency, program, or group is a grantee, contractor, or applicant and may not vote on a matter that would provide direct financial benefit to the member or otherwise give the appearance of a conflict of interest.

AB655, s. 10 Section 10. 15.197 (11n) (c) of the statutes is repealed.

AB655, s. 11 Section 11. 15.197 (11n) (cm) of the statutes is created to read:

AB655,6,22 15.197 (11n) (cm) 1. At least 60% of the membership of the council shall be individuals specified under par. (am) 2. who are not managing employees, as defined under 42 USC 1320a-5 (b), of an entity, or employees of a state agency, that receives federal funds for the developmentally disabled or uses the funds to provide services to persons with developmental disabilities. Of those individuals, one-third shall be individuals specified under par. (am) 2. a., one-third shall be individuals specified under par. (am) 2. b. or c., and one-third shall be individuals specified under par. (am) 2. a., b., or c.

AB655,7,2 2. At least one of the individuals described under subd. 1. shall be an individual with a developmental disability who resides in or previously resided in an institution, including a state center for the developmentally disabled, or the immediate relative or guardian of such an individual. The requirement under this subdivision does not apply if such an individual does not reside in this state.

AB655, s. 12 Section 12 . 15.197 (11n) (d) of the statutes is repealed.

AB655, s. 13 Section 13. 46.03 (22) (a) of the statutes is amended to read:

AB655,7,12 46.03 (22) (a) "Community living arrangement" means any of the following facilities licensed or operated, or permitted under the authority of the department: residential care centers for children and youth, as defined in s. 48.02 (15d), operated by child welfare agencies licensed under s. 48.60, group homes for children under, as defined in s. 48.02 (7), and community-based residential facilities under, as defined in s. 50.01 (1g); but does not include adult family homes, as defined in s. 50.01 (1), day care centers, nursing homes, general hospitals, special hospitals, prisons, and jails.