Amendment AA1-ASA1-AB100

AB100-ASA1-AA1, s. 2112sm Section 2112sm. 51.13 (7) (c) of the statutes is renumbered 51.13 (7) and amended to read:

AB100-ASA1-AA1,129,25 51.13 (7) (title) Continued appropriateness of admission. Any minor under 14 years of age who is voluntarily admitted under this section may submit a written request to the court for a hearing to determine the continued appropriateness of the admission. If the director or staff of the inpatient treatment facility to which a minor under the age of 14 is admitted observes conduct by the minor which demonstrates an unwillingness to remain at the facility, including but not limited to a written expression of opinion or unauthorized absence, the director shall file a written request with the court to determine the continued appropriateness of the admission. A request which that is made personally by a minor under this paragraph subsection shall be signed by the minor but need not be written or composed by him or her. A request for a hearing under this paragraph which subsection that is received by staff or the director of the facility in which the child is admitted shall be filed with the court by the director. The court shall order a hearing upon request if no hearing concerning the minor's admission has been held within 120 days of receipt of before the request is received. The court shall appoint counsel and, if the court deems considers it necessary, a guardian ad litem to represent the minor and if. If a hearing is held, the court shall hold the hearing within 14 days of after the request, unless the parties agree to a longer period. After the hearing, the court shall make disposition dispose of the matter in the manner provided in sub. (4).

AB100-ASA1-AA1, s. 2112t Section 2112t. 51.14 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA1,130,6 51.14 (3) (a) Either a A minor 14 years of age or older or his or her parent or guardian may petition the mental health review officer in the county in which the parent or guardian has residence for a review of a refusal of either the minor or his or her parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6).

AB100-ASA1-AA1, s. 2112tm Section 2112tm. 51.14 (3) (b) 3. of the statutes is amended to read:

AB100-ASA1-AA1,130,9 51.14 (3) (b) 3. The facts substantiating the petitioner's minor's belief that the minor he or she needs outpatient mental health treatment.

AB100-ASA1-AA1, s. 2112u Section 2112u. 51.14 (3) (b) 4. of the statutes is amended to read:

AB100-ASA1-AA1,130,14 51.14 (3) (b) 4. Any available information which substantiates the appropriateness of the particular treatment sought for by the minor and that the particular treatment sought is the least restrictive treatment consistent with the needs of the minor.

AB100-ASA1-AA1, s. 2112um Section 2112um. 51.14 (3) (g) of the statutes is amended to read:

AB100-ASA1-AA1,130,21 51.14 (3) (g) Within 21 days after the filing of a petition under this subsection, the mental health review officer shall hold a hearing on the refusal of the minor or the minor's parent or guardian to provide informed consent for outpatient treatment. The mental health review officer shall provide notice of the date, time and place of the hearing to the minor and the minor's parent or guardian at least 96 hours prior to the hearing.

AB100-ASA1-AA1, s. 2112v Section 2112v. 51.14 (3) (h) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,131,5 51.14 (3) (h) (intro.) If following the hearing under par. (g) and after taking into consideration the recommendations, if any, of the county department under s. 51.42 or 51.437 made under par. (e), the mental health review officer finds all of the following, he or she shall issue a written order that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor, if the minor is refusing to provide consent, or the written, informed consent of the minor's parent or guardian, if the parent or guardian is refusing to provide consent, is not required for outpatient mental health treatment for the minor:

AB100-ASA1-AA1, s. 2112vm Section 2112vm. 51.14 (4) (a) of the statutes is amended to read:

AB100-ASA1-AA1,131,13 51.14 (4) (a) Within 21 days after the issuance of the order by the mental health review officer under sub. (3) or if the requirements of sub. (3) (f) are satisfied, the minor or his or her parent or guardian may petition a court assigned to exercise jurisdiction under ch. chs. 48 and 938 in the county of residence of the minor's parent or guardian for a review of the refusal of either the minor or his or her the parent or guardian to provide the informed consent for outpatient mental health treatment required under s. 51.61 (6).

AB100-ASA1-AA1, s. 2112w Section 2112w. 51.14 (4) (b) of the statutes is amended to read:

AB100-ASA1-AA1,131,17 51.14 (4) (b) The petition in par. (a) shall conform to the requirements set forth in sub. (3) (b). If the minor has refused to provide informed consent, a notation of this fact shall be made on the face of the petition.

AB100-ASA1-AA1, s. 2112wm Section 2112wm. 51.14 (4) (c) of the statutes is amended to read:

AB100-ASA1-AA1,131,25 51.14 (4) (c) If a notation of a minor's refusal to provide informed consent to outpatient mental health treatment appears on the petition, the court shall, at least 7 days prior to the time scheduled for the hearing, appoint counsel to represent the minor if the minor is unrepresented. If the minor's parent or guardian has refused to provide informed consent and the minor is unrepresented, the court shall appoint counsel to represent the minor, if requested by the minor or determined by the court to be in the best interests of the minor.

AB100-ASA1-AA1, s. 2112x Section 2112x. 51.14 (4) (g) (intro.) of the statutes is amended to read:

AB100-ASA1-AA1,132,8 51.14 (4) (g) (intro.) After the hearing under this subsection, the court shall issue a written order stating that, notwithstanding the written, informed consent requirement of s. 51.61 (6), the written, informed consent of the minor, if the minor refuses to provide consent, or the written, informed consent of the parent or guardian, if the parent or guardian refuses to provide consent, is not required for outpatient mental health treatment for the minor if the court finds all of the following:".

AB100-ASA1-AA1,132,9 555. Page 883, line 14: after that line insert:

AB100-ASA1-AA1,132,10 " Section 2115d. 51.20 (16) (a) of the statutes is amended to read:

AB100-ASA1-AA1,132,16 51.20 (16) (a) Except in the case of alcoholic commitments under s. 51.45 (13), any patient who is involuntarily committed for treatment under this chapter, may on the patient's own verified petition, except in the case of a minor who is under 14 years of age, or on the verified petition of the patient's guardian, relative, friend, or any person providing treatment under the order of commitment, request a reexamination or request the court to modify or cancel an order of commitment.

AB100-ASA1-AA1, s. 2115g Section 2115g. 51.22 (2) of the statutes is amended to read:

AB100-ASA1-AA1,132,24 51.22 (2) Voluntary Except as provided in s. 51.13 (2), voluntary admissions under ss. 51.10, 51.13 and 51.45 (10) shall be through the county department under s. 51.42 or 51.437 serving the person's county of residence, or through the department if the person to be admitted is a nonresident of this state. Admissions through a county department under s. 51.42 or 51.437 shall be made in accordance with s. 51.42 (3) (as) 1. or 51.437 (4rm) (a). Admissions through the department shall be made in accordance with sub. (3).

AB100-ASA1-AA1, s. 2120d Section 2120d. 51.30 (5) (a) of the statutes is amended to read:

AB100-ASA1-AA1,133,8 51.30 (5) (a) Consent for release of information. The parent, guardian, or person in the place of a parent of a minor or the guardian of an adult adjudged incompetent under ch. 880 may consent to the release of confidential information in court or treatment records. A minor who is aged 14 or more may consent to the release of confidential information in court or treatment records without the consent of the minor's parent, guardian or person in the place of a parent. Consent under this paragraph must conform to the requirements of sub. (2).

AB100-ASA1-AA1, s. 2120e Section 2120e. 51.30 (5) (b) 1. of the statutes is amended to read:

AB100-ASA1-AA1,133,17 51.30 (5) (b) 1. The guardian of an individual who is adjudged incompetent under ch. 880 shall have access to the individual's court and treatment records at all times. The parent, guardian or person in the place of a parent of a developmentally disabled minor shall have access to the minor's court and treatment records at all times except in the case of a minor aged 14 or older who files a written objection to such access with the custodian of the records. The parent, guardian or person in the place of a parent of other minors shall have the same rights of access as provided to subject individuals under this section.

AB100-ASA1-AA1, s. 2120f Section 2120f. 51.30 (5) (b) 2. of the statutes is amended to read:

AB100-ASA1-AA1,133,24 51.30 (5) (b) 2. A minor upon reaching the age of 14 shall have access to his or her own court and treatment records, as provided in this section. A minor under the age of 14 shall have access to court records but only in the presence of parent, guardian, counsel, guardian ad litem or judge and shall have access to treatment records as provided in this section but only in the presence of parent, guardian, counsel, guardian ad litem or staff member of the treatment facility.".

AB100-ASA1-AA1,134,1 556. Page 883, line 22: after that line insert:

AB100-ASA1-AA1,134,2 " Section 2120t. 51.35 (3) (a) of the statutes is amended to read:

AB100-ASA1-AA1,134,22 51.35 (3) (a) A licensed psychologist of a juvenile correctional facility or a secured child caring institution, as defined in s. 938.02 (15g), or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the facility or institution is, in his or her opinion, in need of services for developmental disability, alcoholism or drug dependency or in need of psychiatric services, and who has obtained voluntary consent to make a transfer for treatment, shall make a report, in writing, to the superintendent of the facility or institution, stating the nature and basis of the belief and verifying the consent. In the case of a minor age 14 and over, the minor and, the minor's parent or guardian shall consent unless the minor is admitted under s. 51.13 (1) (c); and in the case of a minor under the age of 14, only the minor's parent or guardian need consent. The superintendent shall inform, orally and in writing, the minor and the minor's parent or guardian, that transfer is being considered and shall inform them of the basis for the request and their rights as provided in s. 51.13 (3). If the department of corrections, upon review of a request for transfer, determines that transfer is appropriate, that department shall immediately notify the department of health and family services and, if the department of health and family services consents, the department of corrections may immediately transfer the individual. The department of corrections shall file a petition under s. 51.13 (4) (a) in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the treatment facility is located.

AB100-ASA1-AA1, s. 2120u Section 2120u. 51.35 (3) (b) of the statutes is amended to read:

AB100-ASA1-AA1,135,17 51.35 (3) (b) The court assigned to exercise jurisdiction under chs. 48 and 938 shall determine, based on the allegations of the petition and accompanying documents, whether the transfer is voluntary on the part of the minor if he or she is aged 14 or over, and whether the transfer of the minor to an inpatient facility is appropriate and consistent with the needs of the minor. In the event that If the court is unable to make such determinations that determination based on the petition and accompanying documents, it shall the court may order additional information to be produced as it deems necessary for the court to make such review, and make such determinations the determination within 14 days of after admission, or it the court may hold a hearing within 14 days of after admission. If a notation of the minor's unwillingness appears on the face of the petition, or that if a hearing has been requested by the minor, the minor's counsel, guardian ad litem, parent or guardian, the court shall hold a hearing and appoint counsel or a guardian ad litem for the minor as provided in s. 51.13 (4) (d). At the conclusion of the hearing, the court shall approve or disapprove the request for transfer. If the minor is under the continuing jurisdiction of the court of another county, the court may order the case transferred together with all appropriate records to that court.

AB100-ASA1-AA1, s. 2120v Section 2120v. 51.35 (3) (g) of the statutes is amended to read:

AB100-ASA1-AA1,136,3 51.35 (3) (g) A parent or guardian of a minor 14 years of age or older who is transferred to a treatment facility under par. (a) may request in writing a return to the juvenile correctional facility or secured child caring institution, as defined in s. 938.02 (15g). In the case of a minor under 14 years of age, the parent or guardian may make the request. Upon receipt of a request for return from a minor 14 years of age or over, the director shall immediately notify the minor's parent or guardian. The minor shall be returned to the juvenile correctional facility or secured child caring institution within 48 hours after submission of the request unless a petition or statement is filed for emergency detention, emergency commitment, involuntary commitment or protective placement.".

AB100-ASA1-AA1,136,4 557. Page 890, line 24: after that line insert:

AB100-ASA1-AA1,136,5 " Section 2156d. 51.61 (6) of the statutes is amended to read:

AB100-ASA1-AA1,136,23 51.61 (6) Subject to the rights of patients provided under this chapter, the department, county departments under s. 51.42 or 51.437 and any agency providing services under an agreement with the department or those county departments have the right to use customary and usual treatment techniques and procedures in a reasonable and appropriate manner in the treatment of patients who are receiving services under the mental health system, for the purpose of ameliorating the conditions for which the patients were admitted to the system. The written, informed consent of any patient shall first be obtained, unless the person is a minor or has been found not competent to refuse medication and treatment under s. 51.61 (1) (g). In the case of a minor, the written, informed consent of the parent or guardian is required. Except, except as provided under an order issued under s. 51.13 (1) (c), 51.14 (3) (h) or (4) (g), if the minor is 14 years of age or older, the written, informed consent of the minor and the minor's parent or guardian is required. A refusal of either a parent or guardian of a minor 14 years of age or older or the minor's parent or guardian to provide written, informed consent for inpatient mental health treatment is reviewable under s. 51.13 (1) (c) and a refusal of a parent or guardian of a minor to provide written, informed consent for outpatient mental health treatment is reviewable under s. 51.14.".

AB100-ASA1-AA1,136,24 558. Page 893, line 17: after that line insert:

AB100-ASA1-AA1,137,1 " Section 2158m. 59.08 (7) (b) of the statutes is amended to read:

AB100-ASA1-AA1,137,11 59.08 (7) (b) The question of the consolidation of the counties shall be submitted to the voters at the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held on the first Tuesday in April, or the next regular election, or at a special election to be held on a date specified in the order which shall be no sooner than 45 days after the day fixed in date of the order issued under par. (a), which day date shall be the same in each of the counties proposing to consolidate. A copy of the order shall be filed with the county clerk of each of the counties. If the question of consolidation is submitted at a special election, it shall be held not less than 30 days nor more than 60 days from the completion of the consolidation agreement, but not within 60 days of any spring or general election.".

AB100-ASA1-AA1,137,12 559. Page 900, line 21: after that line insert:

AB100-ASA1-AA1,137,13 " Section 2169m. 59.54 (8) (a) 4. of the statutes is amended to read:

AB100-ASA1-AA1,137,18 59.54 (8) (a) 4. At least annually, submit to the state emergency response board division of emergency management in the department of military affairs a list of the members of the local emergency planning committee appointed by the county board under this paragraph, including the agency, organization or profession that each member represents.".

AB100-ASA1-AA1,137,19 560. Page 900, line 21: after that line insert:

AB100-ASA1-AA1,137,20 " Section 2169f. 59.53 (13) (title) of the statutes is amended to read:

AB100-ASA1-AA1,137,22 59.53 (13) (title) Subsidy of Payments for abortions and abortion-related activity restricted.

AB100-ASA1-AA1, s. 2169g Section 2169g. 59.53 (13) of the statutes is renumbered 59.53 (13) (a).

AB100-ASA1-AA1, s. 2169h Section 2169h. 59.53 (13) (b) of the statutes is created to read:

AB100-ASA1-AA1,138,4 59.53 (13) (b) No county or agency or subdivision of a county may authorize payment of funds for a grant, subsidy or other funding involving a pregnancy program, project or service if s. 20.9275 (2) applies to the pregnancy program, project or service.".

AB100-ASA1-AA1,138,6 561. Page 901, line 10: delete the material beginning with that line and ending with page 902, line 9.

AB100-ASA1-AA1,138,7 562. Page 902, line 9: after that line insert:

AB100-ASA1-AA1,138,8 " Section 2174p. 59.692 (1) (c) of the statutes is amended to read:

AB100-ASA1-AA1,138,10 59.692 (1) (c) "Shoreland zoning standard" means a standard for ordinances enacted under this section that are is promulgated as rules a rule by the department.

AB100-ASA1-AA1, s. 2174q Section 2174q. 59.692 (1t) of the statutes is created to read:

AB100-ASA1-AA1,138,17 59.692 (1t) A county or the department may not commence an enforcement action against a person who owns a building or structure that is in violation of a shoreland zoning standard or an ordinance enacted under this section if the building or structure has been in place for more than 7 years and if no enforcement action for the violation has been previously commenced either by the county or the department.".

AB100-ASA1-AA1,138,18 563. Page 902, line 9: after that line insert:

AB100-ASA1-AA1,138,19 " Section 2174pm. 59.692 (1s) of the statutes is created to read:

AB100-ASA1-AA1,139,2 59.692 (1s) Restrictions that are applicable to damaged or destroyed nonconforming structures and that are contained in an ordinance enacted under this section may not prohibit the restoration of a nonconforming structure to the size, location or use that the structure had immediately before the damage or destruction occurred or impose any limits on the costs of the repair, reconstruction or improvement if all of the following apply:

AB100-ASA1-AA1,139,4 (a) The nonconforming structure was damaged or destroyed after the effective date of this paragraph .... [revisor inserts date].

AB100-ASA1-AA1,139,6 (b) The damage or destruction was caused by violent wind, vandalism, fire or a flood.".

AB100-ASA1-AA1,139,7 564. Page 902, line 10: delete lines 10 to 15.

AB100-ASA1-AA1,139,8 565. Page 904, line 1: delete lines 1 to 6 and substitute:

AB100-ASA1-AA1,139,10 " Section 2178c. 60.23 (25) of the statutes, as affected by 1995 Wisconsin Act 289, is amended to read:

AB100-ASA1-AA1,139,14 60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employes on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.745 (2), (3) and (5) 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and 632.896.

AB100-ASA1-AA1, s. 2178p Section 2178p. 60.23 (25) of the statutes, as affected by 1997 Wisconsin Act .... (this act), is amended to read:

AB100-ASA1-AA1,139,20 60.23 (25) Self-insured health plans. Provide health care benefits to its officers and employes on a self-insured basis if the self-insured plan complies with ss. 631.89, 631.90, 631.93 (2), 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.87 (4) and (5), 632.895 (9) and (11) to (13) and 632.896.".

AB100-ASA1-AA1,139,21 566. Page 904, line 6: after that line insert:

AB100-ASA1-AA1,139,22 " Section 2178s. 60.30 (2) (a) of the statutes is amended to read:

AB100-ASA1-AA1,140,3 60.30 (2) (a) Only an elector of the town may hold a town office, other than an assessor appointed under s. 60.307 or a town clerk, town treasurer or combined town clerk and town treasurer appointed under sub. (1e).".

AB100-ASA1-AA1,140,4 567. Page 904, line 24: after that line insert:

AB100-ASA1-AA1,140,5 " Section 2181e. 60.62 (2) of the statutes is amended to read:

AB100-ASA1-AA1,140,9 60.62 (2) If the county in which the town is located has enacted a zoning ordinance under s. 59.69, the exercise of the authority under sub. (1) is subject to approval by the town meeting or by a referendum vote of the electors of the town to be held at the time of any regular or special election in accordance with s. 8.065.".

AB100-ASA1-AA1,140,10 568. Page 904, line 25: delete that line.

AB100-ASA1-AA1,140,11 569. Page 905, line 1: delete lines 1 to 5.

AB100-ASA1-AA1,140,12 570. Page 905, line 5: after that line insert:

AB100-ASA1-AA1,140,13 " Section 2181n. 60.74 (5) (b) of the statutes is amended to read:

AB100-ASA1-AA1,140,24 60.74 (5) (b) A petition conforming to the requirements of s. 8.40 signed by qualified electors of the district equal to at least 20% of the vote cast for governor in the district at the last gubernatorial election, requesting a change to appointment of commissioners, may be submitted to the town board, subject to sub. (5m) (a). Upon receipt of the petition, the town board shall submit the question to a referendum at the next regular spring election or general election, or shall call a special election for that purpose authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after receipt of the petition. The inspectors shall count the votes and submit a statement of the results to the commission. The commission shall canvass the results of the election and certify the results to the town board which has authority to appoint commissioners.

AB100-ASA1-AA1, s. 2181p Section 2181p. 61.187 (1) of the statutes is amended to read:

AB100-ASA1-AA1,141,11 61.187 (1) Procedure. Whenever a petition conforming to the requirements of s. 8.40, signed by at least one-third as many electors of any village as voted for village officers at the next preceding election therefor, shall be presented to the village board praying for dissolution of the village corporation, such board shall submit to the electors of such village, for determination by ballot in substantially the manner provided by ss. 5.64 (2) and 10.02, at a general election or at a special election called by them for that purpose the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held not sooner than 45 days after presentation of the petition, the question whether or not such village corporation shall be dissolved.".

AB100-ASA1-AA1,141,12 571. Page 906, line 8: delete lines 8 to 13.

AB100-ASA1-AA1,141,13 572. Page 906, line 13: after that line insert:

AB100-ASA1-AA1,141,14 " Section 4182g. 61.46 (1) of the statutes is amended to read:

AB100-ASA1-AA1,142,2 61.46 (1) General; limitation. The village board shall, on or before December 15 in each year, by resolution to be entered of record, determine the amount of corporation taxes to be levied and assessed on the taxable property in such village for the current year. Before levying any tax for any specified purpose, exceeding one percent of the assessed valuation aforesaid, the village board shall, and in all other cases may in its discretion, submit the question of levying the same to the village electors at any general or special the next election authorized under s. 8.065 (2) or an election authorized under s. 8.065 (3) to be held no sooner than 45 days after submission by giving 10 days' notice thereof prior to such election by publication in a newspaper published in the village, if any, and if there is none, then by posting notices in 3 public places in said village, setting forth in such notices the object and purposes for which such taxes are to be raised and the amount of the proposed tax.

AB100-ASA1-AA1, s. 2182i Section 2182i. 62.09 (1) (a) of the statutes is amended to read:

AB100-ASA1-AA1,142,15 62.09 (1) (a) The officers shall be a mayor, treasurer, clerk, comptroller, attorney, engineer, one or more assessors unless the city is assessed by a county assessor under s. 70.99, one or more constables as determined by the common council, a local health officer, as defined in s. 250.01 (5), or local board of health, as defined in s. 250.01 (3), street commissioner, board of police and fire commissioners except in cities where not applicable, chief of police, chief of the fire department, board of public works, 2 alderpersons from each aldermanic district, and such other officers or boards as are created by law or by the council. If one alderperson from each aldermanic district is provided under s. 66.018 (1), the council may, by ordinance adopted by a two-thirds vote of all its members and approved by the electors at a general or special any election authorized under s. 8.065, provide that there shall be 2 alderpersons from each aldermanic district.".