AB40: Bill Text

AB40,620,10 50.03 (4m) (b) If the applicant for licensure as a community-based residential facility has not been previously licensed under this subchapter or if the community-based residential facility is not in operation at the time application is made, the department shall issue a probationary license, except that the department may deny licensure to any person who conducted, maintained, operated or permitted to be maintained or operated a community-based residential facility for which licensure was revoked within 5 years before application is made. A probationary license shall be valid for up to 12 months from the date of issuance unless sooner suspended or revoked under sub. (5g). Prior to the expiration of a probationary license, the department shall inspect evaluate the community-based residential facility and, if. In evaluating the community-based residential facility, the department may conduct an inspection of the community-based residential facility. If, after the department evaluates the community-based residential facility, the department finds that the community-based residential facility meets the applicable requirements for licensure, the department shall issue a regular license under sub. (4) (a) 1. b. If the department finds that the community-based residential facility does not meet the requirements for licensure, the department may not issue a regular license under sub. (4) (a) 1. b.

AB40,1230 Section 1230. 50.14 (2) (bm) of the statutes is amended to read:

AB40,620,17 50.14 (2) (bm) For intermediate care facilities for persons with an intellectual disability, an amount calculated by multiplying the projected annual gross revenues of all intermediate care facilities for persons with an intellectual disability in this state by 0.055, dividing the product by the number of licensed beds of intermediate care facilities for persons with an intellectual disability in this state and dividing the quotient by 12 $910.

AB40,1231 Section 1231. 50.14 (2m) of the statutes is repealed.

AB40,1232 Section 1232. 51.025 of the statutes is created to read:

AB40,620,23 51.025 Office of children's mental health. The office of children's mental health shall study and recommend ways, and coordinate initiatives, to improve the integration across state agencies of mental health services provided to children and monitor the performance of programs that provide those services.

AB40,1233 Section 1233. 51.06 (6) of the statutes is amended to read:

AB40,621,16 51.06 (6) Sale of assets or real property at Northern Center for the Developmentally Disabled. The department may maintain the Northern Center for the Developmentally Disabled for the purpose specified in sub. (1), but may sell assets or real property, of the Northern Center for the Developmentally Disabled, subject to any prior action under s. 13.48 (14) (am) or 16.848 (1). If there is any outstanding public debt used to finance the acquisition, construction, or improvement of any property that is sold under this subsection, the department shall deposit a sufficient amount of the net proceeds from the sale of the property in the bond security and redemption fund under s. 18.09 to repay the principal and pay the interest on the debt, and any premium due upon refunding any of the debt. If the property was purchased with federal financial assistance, the department shall pay to the federal government any of the net proceeds required by federal law. If there is no such debt outstanding and there are no moneys payable to the federal government, or if the net proceeds exceed the amount required to be deposited or paid under this subsection, the department shall credit the net proceeds or remaining net proceeds to the appropriation account under s. 20.435 (2) (gk).

AB40,1234 Section 1234. 51.20 (13) (cr) of the statutes is amended to read:

AB40,621,24 51.20 (13) (cr) If the subject individual is before the court on a petition filed under a court order under s. 938.30 (5) (c) 1. and is found to have committed a violation that would be a felony if committed by an adult in this state or a violation of s. 940.225 (1) or (2), 948.02 (1) or (2), 948.025, or 948.085 (3m), 941.20 (1), 944.20, 944.30, 944.31, 944.33 (1), 946.52, or 948.10 (1) (b), the court shall require the individual to provide a biological specimen to the state crime laboratories for deoxyribonucleic acid analysis.

AB40,1235 Section 1235. 51.44 (1m) of the statutes is amended to read:

AB40,622,4 51.44 (1m) The department is the lead agency in this state for the development and implementation of a statewide system of coordinated, comprehensive multidisciplinary programs to provide appropriate early intervention services under the requirements of 20 USC 1476 1431 to 1444.

AB40,1236 Section 1236. 51.44 (5) (c) of the statutes is amended to read:

AB40,622,10 51.44 (5) (c) Annually, submit to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) a report on the department's progress toward full implementation of the program under this section, including the progress of counties in implementing goals for participation in 5th-year requirements under 20 USC 1476 1431 to 1444.

AB40,1237 Section 1237. 54.15 (8) (a) 3. of the statutes is amended to read:

AB40,622,14 54.15 (8) (a) 3. Any license, certificate, permit, or registration of the proposed guardian that is required under chs. 202 or 440 to 480 or by the laws of another state for the practice of a profession or occupation has been suspended or revoked.

AB40,1238 Section 1238. 55.043 (4) (b) 5g. of the statutes is created to read:

AB40,622,18 55.043 (4) (b) 5g. Refer the case to the department of financial institutions if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to be registered under s. 202.13 or 202.14.

AB40,1239 Section 1239. 59.26 (1) (c) of the statutes is repealed.

AB40,1240 Section 1240. 59.43 (1) (w) of the statutes is created to read:

AB40,622,21 59.43 (1) (w) Record and index the documents specified in s. 49.848 (2).

AB40,1241 Section 1241. 59.43 (2) (ag) 1. of the statutes is amended to read:

AB40,623,2 59.43 (2) (ag) 1. Subject to s. 59.72 (5) and except as provided in par. (L), for recording any instrument entitled to be recorded in the office of the register of deeds, $25 $30, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s. 185.83 (1) (b) or 193.111 (1) (b).

AB40,1242 Section 1242. 59.43 (2) (e) of the statutes is amended to read:

AB40,623,6 59.43 (2) (e) Subject to s. 59.72 (5) and except as provided in par. (L), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $25 $30.

AB40,1243 Section 1243. 59.43 (2) (L) (intro.) of the statutes is amended to read:

AB40,623,13 59.43 (2) (L) (intro.) For recording any instrument under par. (ag), filing any instrument under par. (e), and recording certificates and preparing and mailing documents under par. (i), $30 if the county uses $5 of each $30 fee received under this paragraph to make social security numbers from electronic format records not viewable or accessible on the Internet under sub. (4) (c) and s. 59.72 (6), until the earliest of the following:

AB40,1244 Section 1244. 59.605 (6) of the statutes is amended to read:

AB40,623,17 59.605 (6) Temporary suspension Sunset of the limit. This section does not apply to a county's levy that is imposed in December 2011 or December 2012 any year thereafter.

AB40,1245 Section 1245. 59.69 (4c) of the statutes is amended to read:

AB40,623,23 59.69 (4c) Construction site ordinance limits. Except as provided in s. 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 described in s. 281.33 (3) (a) 1. a. and b.

AB40,1246 Section 1246. 59.693 (2) of the statutes is amended to read:

AB40,624,7 59.693 (2) Authority to enact ordinance. To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, a county may enact a zoning ordinance, that is applicable to all of its unincorporated area, except as provided in s. 60.627 (2) (b), for construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 59.69.

AB40,1247 Section 1247. 59.693 (7) of the statutes is amended to read:

AB40,624,14 59.693 (7) Applicability of local subdivision regulation. All powers granted to a county under s. 236.45 may be exercised by the county with respect to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the county has or provides a county planning agency as defined in s. 236.02 (1) (3).

AB40,1248 Section 1248. 59.72 (5) (a) of the statutes is amended to read:

AB40,624,19 59.72 (5) (a) Before the 16th day of each month a register of deeds shall submit to the department of administration $10 $15 from the fee for recording or filing each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e), less any amount retained by the county under par. pars. (b) and (c).

AB40,1249 Section 1249. 59.72 (5) (b) (intro.) of the statutes is amended to read:

AB40,624,24 59.72 (5) (b) (intro.) Except as provided in s. 16.967 (7m), a county may retain $8 of the $10 portion of each fee submitted to the department of administration under par. (a) from the fee for recording or filing each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following conditions are met:

AB40,1250 Section 1250. 59.72 (5) (c) of the statutes is created to read:

AB40,625,4 59.72 (5) (c) Before January 1, 2015, a county may retain $5 of the portion of each fee submitted to the department of administration under par. (a) from the fee for recording or filing each instrument that is recorded or filed under s. 59.43 (2) (ag) 1. or (e) if all of the following apply:

AB40,625,6 1. The money is used to make social security numbers from electronic format records not viewable or accessible on the Internet under sub. (6) and s. 59.43 (4) (c).

AB40,625,8 2. The register of deeds is authorized to collect fees under s. 59.43 (2) (L) under an extension granted by the department of administration under s. 59.43 (2) (L) 2.

AB40,1251 Section 1251. 60.37 (1) of the statutes is amended to read:

AB40,625,15 60.37 (1) General. The town board may employ on a temporary or permanent basis persons necessary to carry out the functions of town government including, subject to sub. (4), any elected officer of the town. The board may establish the qualifications and terms of employment, which may not include the residency of the employee. The board may delegate the authority to hire town employees to any town official or employee.

AB40,1252 Section 1252. 60.627 (2) (a) of the statutes is amended to read:

AB40,625,23 60.627 (2) (a) To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, if a town board may enact zoning ordinances under s. 60.62, the town board may enact a zoning ordinance, that is applicable to all of its area, for construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 60.62.

AB40,1253 Section 1253. 60.627 (4) (c) of the statutes is amended to read:

AB40,626,4 60.627 (4) (c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 60.62 that relate to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or to storm water management regulation.

AB40,1254 Section 1254. 60.627 (6) of the statutes is amended to read:

AB40,626,11 60.627 (6) Applicability of local subdivision regulation. All powers granted to a town under s. 236.45 may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the town has or provides a planning commission or agency.

AB40,1255 Section 1255. 61.354 (2) of the statutes is amended to read:

AB40,626,19 61.354 (2) Authority to enact ordinance. To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, a village may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 61.35.

AB40,1256 Section 1256. 61.354 (4) (c) of the statutes is amended to read:

AB40,626,24 61.354 (4) (c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 61.35 that relate to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or to storm water management regulation.

AB40,1257 Section 1257. 61.354 (6) of the statutes is amended to read:

AB40,627,6 61.354 (6) Applicability of local subdivision regulation. All powers granted to a village under s. 236.45 may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the village has or provides a planning commission or agency.

AB40,1258 Section 1258. 62.13 (4) (d) of the statutes is amended to read:

AB40,627,18 62.13 (4) (d) The examination shall be free for all U.S. citizens over 18 and under 55 years of age, with proper limitations as to residence, health and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record. The examination, including minimum training and experience requirements, shall be job-related in compliance with appropriate validation standards and shall be subject to the approval of the board and may include tests of manual skill and physical strength. All relevant experience, whether paid or unpaid, shall satisfy experience requirements. The board shall control examinations and may designate and change examiners, who may or may not be otherwise in the official service of the city, and whose compensation shall be fixed by the board and paid by the city. Veterans and their spouses shall be given preference points in accordance with s. 230.16 (7).

AB40,1259 Section 1259. 62.234 (2) of the statutes is amended to read:

AB40,628,2 62.234 (2) Authority to enact ordinance. To effect the purposes of s. 281.33 and to promote the public health, safety and general welfare, a city may enact a zoning ordinance, that is applicable to all of its incorporated area, for construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. and for storm water management. This ordinance may be enacted separately from ordinances enacted under s. 62.23.

AB40,1260 Section 1260. 62.234 (4) (c) of the statutes is amended to read:

AB40,628,7 62.234 (4) (c) An ordinance enacted under this section supersedes all provisions of an ordinance enacted under s. 62.23 that relate to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or to storm water management regulation.

AB40,1261 Section 1261. 62.234 (6) of the statutes is amended to read:

AB40,628,14 62.234 (6) Applicability of local subdivision regulation. All powers granted to a city under s. 236.45 may be exercised by it with respect to construction site erosion control at sites where the construction activities do not include the construction of a building described in s. 281.33 (3) (a) 1. a. and b. or with respect to storm water management regulation, if the city has or provides a planning commission or agency.

AB40,1262 Section 1262. 62.50 (5) of the statutes is amended to read:

AB40,628,25 62.50 (5) Examinations. The examinations which the rules and regulations provide for shall be public and free to all U.S. citizens with proper limitations as to residence, age, health and, subject to ss. 111.321, 111.322 and 111.335, arrest and conviction record. The examinations shall be practical in their character and shall relate to those matters which fairly test the relative capacity of the candidates to discharge the duties of the positions in which they seek employment or to which they seek to be appointed and may include tests of manual skill and physical strength. The board shall control all examinations and may designate suitable persons, either in the official service of the city or not, to conduct such examinations and may change such examiners at any time, as seems best.

AB40,1263 Section 1263. 62.53 of the statutes is repealed.

AB40,1264 Section 1264. 63.08 (1) (a) of the statutes is amended to read:

AB40,629,15 63.08 (1) (a) Any applicant for an examination under s. 63.05, other than an applicant for a deputy sheriff position under s. 59.26 (8) (a), shall be a resident of this state before applying for an examination, but the commission may not require any period of residency in the county for entrance to an examination or employment in the county. The commission may require an applicant to file a written application form which bears upon the applicant's fitness for a vacant position and which the commission deems necessary. For a position offering a skilled, technical, or professional service, upon a finding that a suitable number of qualified applicants cannot be obtained from within the state, the commission may open the examination to residents of other states. Residency in this state may be waived for an applicant for an examination for a position which requires a license in a health care field. No question pertaining to political affiliation or religious faith may be asked of any applicant for an examination.

AB40,1265 Section 1265. 63.25 (1) (a) of the statutes is amended to read:

AB40,629,21 63.25 (1) (a) For open, competitive examinations and for other examinations by which to test applicants for office or for employment as to their practical fitness to discharge the duties of the positions which they desire to fill, which examinations shall be public and free to all persons with proper limitations as to residence, age, health, and, subject to ss. 111.321, 111.322, and 111.335, arrest and conviction record.

AB40,1266 Section 1266. 66.0304 (1) (b) of the statutes is amended to read:

AB40,630,2 66.0304 (1) (b) "Bond" means any bond, note, or other obligation of a commission issued, acquired, or entered into by a commission under this section, including any refunding bond or certificate of participation or lease-purchase, installment sale, or other financing agreement.

AB40,1267 Section 1267. 66.0304 (4) (p) of the statutes is amended to read:

AB40,630,8 66.0304 (4) (p) Purchase bonds issued by or on behalf of, or held by, any participant, the any state or a department, authority, or agency of the state, or any political subdivision. Bonds purchased under this paragraph may be held by the commission or sold, in whole or in part, separately or together with other bonds issued by the commission.

AB40,1268 Section 1268. 66.0304 (11) (bm) of the statutes is created to read:

AB40,630,15 66.0304 (11) (bm) A project may be located outside of the United States or outside a territory of the United States if the borrower, including a co-borrower, of proceeds of bonds issued to finance or refinance the project in whole or in part is incorporated and has its principal place of business in the United States or a territory of the United States. To the extent that this paragraph applies to a borrower, it also applies to a participant if the participant is a nongovernmental entity.

AB40,1269 Section 1269. 66.0304 (11) (e) of the statutes is repealed.

AB40,1270 Section 1270. 66.0502 of the statutes is created to read:

AB40,630,20 66.0502 Employee residency requirements prohibited. (1) The legislature finds that public employee residency requirements are a matter of statewide concern.

AB40,630,22 (2) In this section, "local governmental unit" means any city, village, town, county, or school district.

AB40,630,25 (3) (a) Except as provided in sub. (4), no local governmental unit may require, as a condition of employment, that any employee or prospective employee reside within any jurisdictional limit.

AB40,631,3 (b) If a local governmental unit has a residency requirement that is in effect on the effective date of this paragraph .... [LRB inserts date], the residency requirement does not apply and may not be enforced.

AB40,631,6 (4) This section does not affect any statute that requires residency within the jurisdictional limits of any local governmental unit or any provision of law that requires residency in this state.

AB40,1271 Section 1271. 66.0602 (2m) of the statutes is amended to read:

AB40,631,16 66.0602 (2m) Negative adjustment. If a political subdivision's levy for the payment of any general obligation debt service, including debt service on debt issued or reissued to fund or refund outstanding obligations of the political subdivision and interest on outstanding obligations of the political subdivision, on debt originally issued before July 1, 2005, is less in the current year than it was in the previous year, the political subdivision shall reduce its levy limit in the current year by an amount equal to the amount that its levy was reduced as described in this subsection. This subsection does not apply to any political subdivision that does not increase its levy increase limit as allowed under sub. (3) (f) 1.

AB40,1272 Section 1272. 66.0602 (3) (f) 1. of the statutes is amended to read:

AB40,631,24 66.0602 (3) (f) 1. Subject to subd. 3., if a political subdivision's allowable levy under this section in 2010 the prior year was greater than its actual levy in 2010 that year, the levy increase limit otherwise applicable under this section to the political subdivision in 2011 the next succeeding year is increased by the difference between these 2 amounts the prior year's allowable levy and the prior year's actual levy, as determined by the department of revenue, up to a maximum increase of 0.5 percent of the actual levy in 2010 that prior year.