AB138: Bill Text

AB138, s. 1 Section 1. 48.685 (1) (br) of the statutes is amended to read:

AB138,2,4 48.685 (1) (br) "Reservation" means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.

AB138, s. 2 Section 2. 48.685 (1) (dr) of the statutes is created to read:

AB138,3,2 48.685 (1) (dr) "Tribal enterprise" has the meaning given in s. 71.07 (2di) (b) 2.

AB138, s. 3 Section 3. 48.685 (1) (g) of the statutes is created to read:

AB138,3,5 48.685 (1) (g) "Trust land" means land in this state that is held in trust by the federal government for the benefit of a tribe or a member of a tribe.

AB138, s. 4 Section 4. 48.685 (5) (a) of the statutes is amended to read:

AB138,3,20 48.685 (5) (a) The Except as provided in par. (bm), the department may license to operate an entity, a county department may certify under s. 48.651, a county department or a child welfare agency may license under s. 48.62, and a school board may contract with under s. 120.13 (14) a person who otherwise may not be licensed, certified, or contracted with for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with, or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, the county department, the child welfare agency, or the school board, or, in the case of an entity that is located within the boundaries of a reservation subject to rehabilitation reviews by a tribe under sub. (5d) (c) or (d), to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule or by the tribe that he or she the person has been rehabilitated.

AB138, s. 5 Section 5. 48.685 (5d) (c) of the statutes is created to read:

AB138,3,24 48.685 (5d) (c) 1. Subject to subd. 2., a tribe whose rehabilitation review plan has been approved by the department may conduct reviews under sub. (5) with respect to all entities on the tribe's reservation or trust land.

AB138,4,4 2. A tribe may request the department to grant the tribe the authority to conduct rehabilitation reviews under sub. (5) with respect to some, but not all, entities on the tribe's reservation or trust land. The department shall grant that authority if the criteria established by rule under sub. (7) (bm) are satisfied.

AB138, s. 6 Section 6. 48.685 (5d) (d) of the statutes is created to read:

AB138,4,16 48.685 (5d) (d) A tribe whose rehabilitation review plan has been approved by the department may request the department to grant the tribe the authority to conduct rehabilitation reviews under sub. (5) with respect to an entity located outside the boundaries of the tribe's reservation or trust land that is owned or operated by the tribe or a tribal enterprise. The department shall evaluate the tribe's request, considering factors such as the proximity of the tribal entity to the reservation or trust land and the population to be served by the tribal entity. If the department determines that the conduct of rehabilitation reviews by the tribe with respect to the tribal entity is rationally related to the protection of clients, the department may authorize the tribe to conduct rehabilitation reviews with respect to the tribal entity.

AB138, s. 7 Section 7. 48.685 (7) (bm) of the statutes is created to read:

AB138,4,21 48.685 (7) (bm) Establish by rule criteria for the department to use in determining whether a tribe whose plan is approved under sub. (5d) (b) may be authorized to conduct rehabilitation reviews under sub. (5) for some, but not all, entities on the tribe's reservation or trust land.

AB138, s. 8 Section 8. 50.065 (1) (dm) of the statutes is amended to read:

AB138,4,25 50.065 (1) (dm) "Reservation" means land in this state within the boundaries of a reservation of a tribe or within the bureau of Indian affairs service area for the Ho-Chunk Nation.

AB138, s. 9 Section 9. 50.065 (1) (fm) of the statutes is created to read:

AB138,5,3 50.065 (1) (fm) "Tribal enterprise" has the meaning given in s. 71.07 (2di) (b) 2.

AB138, s. 10 Section 10. 50.065 (1) (h) of the statutes is created to read:

AB138,5,6 50.065 (1) (h) "Trust land" means land in this state that is held in trust by the federal government for the benefit of a tribe or a member of a tribe.

AB138, s. 11 Section 11. 50.065 (5) of the statutes is amended to read:

AB138,5,18 50.065 (5) The department may license, certify, issue a certificate of approval to, or register to operate an entity a person who otherwise may not be licensed, certified, issued a certificate of approval, or registered for a reason specified in sub. (4m) (a) 1. to 5., and an entity may employ, contract with, or permit to reside at the entity a person who otherwise may not be employed, contracted with , or permitted to reside at the entity for a reason specified in sub. (4m) (b) 1. to 5., if the person demonstrates to the department, or, in the case of an entity that is located within the boundaries of a reservation subject to rehabilitation reviews by a tribe under sub. (5d) (c) or (d), to the person or body designated by the tribe under sub. (5d) (a) 3., by clear and convincing evidence and in accordance with procedures established by the department by rule, or by the tribe, that he or she the person has been rehabilitated.

AB138, s. 12 Section 12. 50.065 (5d) (c) of the statutes is created to read:

AB138,5,22 50.065 (5d) (c) 1. Subject to subd. 2., a tribe whose rehabilitation plan has been approved by the department may conduct reviews under sub. (5) with respect to all entities on the tribe's reservation or trust land.

AB138,6,2 2. A tribe may request the department to grant the tribe the authority to conduct rehabilitation reviews under sub. (5) with respect to some, but not all, entities on the tribe's reservation or trust land. The department shall grant that authority if the criteria established by rule under sub. (7) (bm) are satisfied.

AB138, s. 13 Section 13. 50.065 (5d) (d) of the statutes is created to read:

AB138,6,13 50.065 (5d) (d) A tribe whose rehabilitation plan has been approved by the department may request the department to grant the tribe the authority to conduct rehabilitation reviews under sub. (5) with respect to an entity located outside the boundaries of the tribe's reservation or trust land that is owned or operated by the tribe or a tribal enterprise. The department shall evaluate the tribe's request, considering factors such as proximity of the tribal entity to the reservation or trust land and the population to be served by the tribal entity. If the department determines that the conduct of rehabilitation reviews by the tribe with respect to the tribal entity is rationally related to the protection of clients, the department may authorize the tribe to conduct rehabilitation reviews with respect to the tribal entity.

AB138, s. 14 Section 14. 50.065 (7) (bm) of the statutes is created to read:

AB138,6,18 50.065 (7) (bm) Establish by rule criteria for the department to use in determining whether a tribe whose plan is approved under sub. (5d) (b) may be authorized to conduct rehabilitation reviews under sub. (5) for some, but not all, entities on the tribe's reservation or trust land.

AB138,6,19 (End)