Amendment AA2-ASA1-AB133

AB133-ASA1-AA2, s. 1521zm Section 1521zm. 50.065 (5m) of the statutes is amended to read:

AB133-ASA1-AA2,192,22 50.065 (5m) Notwithstanding s. 111.335, the department may refuse to license, certify or register, or issue a certificate of approval to, a person to operate an entity, caregiver and an entity may refuse to employ, or contract with a caregiver or to permit a nonclient resident to reside at the entity a person specified in sub. (2) (ag) (intro.), if the person caregiver or nonclient resident has been convicted of an offense that the department has not defined as a "serious crime" by rule promulgated under sub. (7) (a), or specified in the list established by rule under sub. (7) (b) is not a serious crime, but that is, in the estimation of the department or entity, substantially related to the care of a client.

AB133-ASA1-AA2, s. 1521zn Section 1521zn. 50.065 (6) (am) (intro.) of the statutes is renumbered 50.065 (6) (am) and amended to read:

AB133-ASA1-AA2,193,3 50.065 (6) (am) Every 4 years an entity shall require all of the following persons its caregivers and nonclient residents to complete a background information form that is provided to the entity by the department:.

AB133-ASA1-AA2, s. 1521zp Section 1521zp. 50.065 (6) (am) 1. and 2. of the statutes are repealed.

AB133-ASA1-AA2, s. 1521zq Section 1521zq. 50.065 (6) (b) of the statutes is amended to read:

AB133-ASA1-AA2,193,11 50.065 (6) (b) For persons specified under par. (a) caregivers who are licensed, issued a certificate of approval or certified by, or registered with, the department, for person specified in par. (am) 2. nonclient residents, and for other persons specified by the department by rule, the entity shall send the background information form to the department. For persons specified under par. (am) 1., the entity shall maintain the background information form on file for inspection by the department.

AB133-ASA1-AA2, s. 1521zr Section 1521zr. 50.065 (7) (a) and (b) of the statutes are repealed.".

AB133-ASA1-AA2,193,13 522. Page 749, line 17: after that line insert:

AB133-ASA1-AA2,193,14 " Section 1515m. 50.065 (1) (c) 2. of the statutes is amended to read:

AB133-ASA1-AA2,193,16 50.065 (1) (c) 2. Kinship care under s. 48.57 (3m) or long-term kinship care under s. 48.57 (3m), (3n) or (3o).".

AB133-ASA1-AA2,193,17 523. Page 749, line 21: delete "1.".

AB133-ASA1-AA2,193,18 524. Page 749, line 24: after that line insert:

AB133-ASA1-AA2,193,19 " Section 1522w. 50.135 (1) of the statutes is amended to read:

AB133-ASA1-AA2,193,24 50.135 (1) Definition. In this section, "inpatient health care facility" means any hospital, nursing home, county home, county mental hospital, tuberculosis sanatorium or other place licensed or approved by the department under ss. 49.70, 49.71, 49.72, 50.02, 50.03, 50.35, 51.08, and 51.09, 58.06, 252.073 and 252.076, but does not include community-based residential facilities.".

AB133-ASA1-AA2,194,1 525. Page 751, line 16: after that line insert:

AB133-ASA1-AA2,194,2 " Section 1526g. 50.39 (2) of the statutes is amended to read:

AB133-ASA1-AA2,194,6 50.39 (2) The use of the title "hospital" to represent or identify any facility which does not meet the definition of a "hospital" as provided herein or is not subject to approval under ss. 50.32 to 50.39 is prohibited, except that institutions governed by ss. s. 51.09 and 252.073 are exempt.

AB133-ASA1-AA2, s. 1526h Section 1526h. 50.39 (3) of the statutes is amended to read:

AB133-ASA1-AA2,194,16 50.39 (3) Facilities governed by ss. 45.365, 48.62, 49.70, 49.72, 50.02, 51.09, 58.06, 252.073, 252.076 and 252.10, secured correctional facilities as defined in s. 938.02 (15m), correctional institutions governed by the department of corrections under s. 301.02 and the offices and clinics of persons licensed to treat the sick under chs. 446, 447 and 448 are exempt from ss. 50.32 to 50.39. Sections 50.32 to 50.39 do not abridge the rights of the medical examining board, physical therapists affiliated credentialing board, podiatrists affiliated credentialing board, dentistry examining board, pharmacy examining board, chiropractic examining board and board of nursing in carrying out their statutory duties and responsibilities.".

AB133-ASA1-AA2,194,17 526. Page 752, line 10: after that line insert:

AB133-ASA1-AA2,194,18 " Section 1532d. 51.01 (14k) of the statutes is created to read:

AB133-ASA1-AA2,194,20 51.01 (14k) "Secured child caring institution" has the meaning given in s. 938.02 (15g).

AB133-ASA1-AA2, s. 1533d Section 1533d. 51.01 (14m) of the statutes is created to read:

AB133-ASA1-AA2,194,23 51.01 (14m) "Secured correctional facility" has the meaning given in s. 938.02 (15m).

AB133-ASA1-AA2, s. 1534d Section 1534d. 51.01 (14p) of the statutes is created to read:

AB133-ASA1-AA2,195,1 51.01 (14p) "Secured group home" has the meaning given in s. 938.02 (15p).".

AB133-ASA1-AA2,195,2 527. Page 755, line 8: after that line insert:

AB133-ASA1-AA2,195,3 " Section 1539d. 51.05 (2) of the statutes is amended to read:

AB133-ASA1-AA2,195,13 51.05 (2) The department may not accept for admission to a mental health institute any resident person, except in an emergency, unless the county department under s. 51.42 in the county where the person has legal residency authorizes the care, as provided in s. 51.42 (3) (as). Patients who are committed to the department under s. 975.01, 1977 stats., or s. 975.02, 1977 stats., or s. 971.14, 971.17, 975.06 or 980.06, admitted by the department under s. 975.17, 1977 stats., or are transferred from a juvenile secured correctional facility or, a secured child caring institution , as defined in s. 938.02 (15g), or a secured group home to a state treatment facility under s. 51.35 (3) or from a jail or prison to a state treatment facility under s. 51.37 (5) are not subject to this section.".

AB133-ASA1-AA2,195,14 528. Page 756, line 1: after that line insert:

AB133-ASA1-AA2,195,15 " Section 1555d. 51.35 (3) (title) of the statutes is amended to read:

AB133-ASA1-AA2,195,17 51.35 (3) (title) Transfer of certain juveniles from juvenile correctional secured juvenile facilities and secured child caring institutions.

AB133-ASA1-AA2, s. 1556d Section 1556d. 51.35 (3) (a) of the statutes is amended to read:

AB133-ASA1-AA2,196,17 51.35 (3) (a) A licensed psychologist of a juvenile secured 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 secured correctional facility, secured child caring institution or secured group home 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 secured correctional facility, secured child caring institution or secured group home, 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 health and family services 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.

AB133-ASA1-AA2, s. 1557d Section 1557d. 51.35 (3) (c) of the statutes is amended to read:

AB133-ASA1-AA2,197,10 51.35 (3) (c) A licensed psychologist of a juvenile secured 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 secured correctional facility, secured child caring institution or secured group home, in his or her opinion, is mentally ill, drug dependent or developmentally disabled and is dangerous as described in s. 51.20 (1) (a) 2. a., b., c. or d., is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the facility or institution secured correctional facility, secured child caring institution or secured group home, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under chs. 48 and 938 of the county where the secured correctional facility or, secured child caring institution or secured group home is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB133-ASA1-AA2, s. 1558d Section 1558d. 51.35 (3) (c) of the statutes, as affected by 1995 Wisconsin Act 292, section 28, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1-AA2,198,3 51.35 (3) (c) A licensed psychologist of a secured correctional facility or a secured child caring institution or a licensed physician of the department of corrections, who has reason to believe that any individual confined in the secured correctional facility, secured child caring institution or secured group home, in his or her opinion, is mentally ill, drug dependent or developmentally disabled and is dangerous as described in s. 51.20 (1) (a) 2., or is an alcoholic and is dangerous as described in s. 51.45 (13) (a) 1. and 2., shall file a written report with the superintendent of the secured correctional facility, secured child caring institution or secured group home, stating the nature and basis of the belief. If the superintendent, upon review of the allegations in the report, determines that transfer is appropriate, he or she shall file a petition according to s. 51.20 or 51.45 in the court assigned to exercise jurisdiction under ch. 48 of the county where the secured correctional facility, secured child caring institution or secured group home is located. The court shall hold a hearing according to procedures provided in s. 51.20 or 51.45 (13).

AB133-ASA1-AA2, s. 1559d Section 1559d. 51.35 (3) (e) of the statutes is amended to read:

AB133-ASA1-AA2,199,2 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a juvenile secured correctional facility or, a secured child caring institution, as defined in s. 938.02 (15g), or a secured group home to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. a., b., c. or d. to the individual or to others, is mentally ill, is dangerous and satisfies the standard under s. 51.20 (1) (a) 2. e. or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending facility or institution secured correctional facility, secured child caring institution or secured group home shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the facility or institution secured correctional facility, secured child caring institution or secured group home from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no prisoner individual may be released without the approval of the court which directed confinement in the secured correctional facility or, secured child caring institution or secured group home.

AB133-ASA1-AA2, s. 1560d Section 1560d. 51.35 (3) (e) of the statutes, as affected by 1995 Wisconsin Act 292, section 28, and 1999 Wisconsin Act .... (this act), is repealed and recreated to read:

AB133-ASA1-AA2,199,25 51.35 (3) (e) The department of corrections may authorize emergency transfer of an individual from a secured correctional facility, a secured child caring institution or a secured group home to a state treatment facility if there is cause to believe that the individual is mentally ill, drug dependent or developmentally disabled and exhibits conduct which constitutes a danger as described under s. 51.20 (1) (a) 2. to the individual or to others, or is an alcoholic and is dangerous as provided in s. 51.45 (13) (a) 1. and 2. The custodian of the sending secured correctional facility, secured child caring institution or secured group home shall execute a statement of emergency detention or petition for emergency commitment for the individual and deliver it to the receiving state treatment facility. The department of health and family services shall file the statement or petition with the court within 24 hours after the subject individual is received for detention or commitment. The statement or petition shall conform to s. 51.15 (4) or (5) or 51.45 (12) (b). After an emergency transfer is made, the director of the receiving facility may file a petition for continued commitment under s. 51.20 (1) or 51.45 (13) or may return the individual to the secured correctional facility, secured child caring institution or secured group home from which the transfer was made. As an alternative to this procedure, the procedure provided in s. 51.15 or 51.45 (12) may be used, except that no individual may be released without the approval of the court which directed confinement in the secured correctional facility, secured child caring institution or secured group home.

AB133-ASA1-AA2, s. 1561d Section 1561d. 51.35 (3) (g) of the statutes is amended to read:

AB133-ASA1-AA2,200,12 51.35 (3) (g) 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 secured correctional facility or, secured child caring institution, as defined in s. 938.02 (15g) or secured group home. 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 secured correctional facility or, secured child caring institution or secured group home 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.".

AB133-ASA1-AA2,200,14 529. Page 757, line 11: delete the material beginning with ", 253.07" and ending with "(c)" on line 12 and substitute ", 253.07 (3) (c)".

AB133-ASA1-AA2,200,15 530. Page 759, line 3: delete ", 253.07 (3) (c)" and substitute ", 253.07 (3) (c)".

AB133-ASA1-AA2,200,16 531. Page 759, line 14: after that line insert:

AB133-ASA1-AA2,200,17 " Section 1575m. 59.08 (7) (b) of the statutes is amended to read:

AB133-ASA1-AA2,201,3 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 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.".

AB133-ASA1-AA2,201,4 532. Page 759, line 14: after that line insert:

AB133-ASA1-AA2,201,5 " Section 1573g. 51.48 of the statutes is created to read:

AB133-ASA1-AA2,201,8 51.48 Alcohol and other drug testing of minors. A minor's parent or guardian may consent to have the minor tested for the presence of alcohol or other drugs in the minor's body. Consent of the minor is not required under this section.".

AB133-ASA1-AA2,201,9 533. Page 759, line 14: after that line insert:

AB133-ASA1-AA2,201,10 " Section 1572m. 58.06 of the statutes is repealed.".

AB133-ASA1-AA2,201,11 534. Page 761, line 21: after that line insert:

AB133-ASA1-AA2,201,13 " Section 1577p. 59.52 (29) (a) of the statutes is renumbered 59.52 (29) (am) and amended to read:

AB133-ASA1-AA2,202,4 59.52 (29) (am) All Except as provided in par. (c) 2., all public work, including any contract for the construction, repair, remodeling or improvement of any public work, building, or furnishing of supplies or material of any kind where the estimated cost of such work will exceed $20,000 $30,000 shall be let by contract to the lowest responsible bidder. Any public work, the estimated cost of which does not exceed $20,000 $30,000, shall be let as the board may direct. If the estimated cost of any public work is between $5,000 and $20,000 $30,000, the board shall give a class 1 notice under ch. 985 before it contracts for the work or shall contract with a person qualified as a bidder under s. 66.29 (2). A contract, the estimated cost of which exceeds $20,000 $30,000, shall be let and entered into under s. 66.29, except that the board may by a three-fourths vote of all the members entitled to a seat provide that any class of public work or any part thereof may be done directly by the county without submitting the same for bids. This subsection does not apply to highway contracts which the county highway committee or the county highway commissioner is authorized by law to let or make.

AB133-ASA1-AA2, s. 1577q Section 1577q. 59.52 (29) (c) to (e) of the statutes are created to read:

AB133-ASA1-AA2,202,8 59.52 (29) (c) 1. In this paragraph, "design-build construction process" means a procurement process under which the engineering, design and construction services are provided by a single entity.

AB133-ASA1-AA2,202,10 2. Any public works contract described in par. (a), the estimated cost of which exceeds $500,000, may be let using the design-build construction process.

AB133-ASA1-AA2,202,13 (d) If a county wishes to construct a public work using the design-build construction process, the county shall use a selection process that contains the following procedures:

AB133-ASA1-AA2,202,20 1. The county shall issue a request for proposals from design-build teams by publishing a class 1 notice under ch. 985. The notice shall include a project statement that describes the space needs and design goals for the project, detailed submission requirements, selection procedures, site information, an outline of specifications for the project, a budget for the project, a project schedule, the composition of the selection panel and the approximate amount of the bond that the county will require under par. (e).

AB133-ASA1-AA2,203,6 2. Following receipt of the proposals, the county shall select 5 or less design-build teams to participate in the final stage of the selection process. The selection of teams under this subdivision shall be based on factors that include the background, experience and qualifications of the members of the teams; the financial strength and surety capacity of the teams; the quality of the initial proposal; and the past performance and current workload of the teams. The county selection panel that selects the teams under this subdivision for the final selection process under subd. 3. may include design and construction professionals who work for the county or are hired by the county to assist in the selection, members of the county board and representatives from the county entity that will use the facility that is to be constructed under the selection process described in this paragraph.

AB133-ASA1-AA2,203,17 3. The county shall make a final selection from among the teams selected under subd. 2. if the county determines that at least one of the teams selected as a finalist under subd. 2. will be able to construct the public work in a way that is satisfactory to the county. The final selection shall be made following interviews and presentations from the finalists, based on criteria that are published as a class 1 notice under ch. 985. The notice shall state the weight that is given to each criterion. The criteria to be used in making a final selection under this subdivision may include the quality of the proposed design, the construction approach to be used to complete the project, the extent to which a proposal demonstrates compliance with the project statement described under subd. 1., the proposed management plan for the project, the estimated cost of the project and a guaranteed maximum price for the project.

AB133-ASA1-AA2,203,21 (e) If the county selects a design-build team under par. (d) 3. and enters into a contract for the construction of the project, the design-build team shall obtain bonding, in an amount specified by the county, to guarantee completion of the project according to the terms of the contract.".

AB133-ASA1-AA2,203,22 535. Page 761, line 21: after that line insert:

AB133-ASA1-AA2,203,23 " Section 1577n. 59.52 (29) (ae) of the statutes is created to read:

AB133-ASA1-AA2,204,2 59.52 (29) (ae) In this subsection, "labor organization" has the meaning given in s. 5.02 (8m).

AB133-ASA1-AA2, s. 1577o Section 1577o. 59.52 (29) (b) of the statutes is amended to read:

AB133-ASA1-AA2,204,9 59.52 (29) (b) The provisions of par. (a) (am) are not mandatory for the repair or reconstruction of public facilities when damage or threatened damage thereto creates an emergency, as determined by resolution of the board, in which the public health or welfare of the county is endangered. Whenever the board by majority vote at a regular or special meeting determines that an emergency no longer exists, this paragraph no longer applies.

AB133-ASA1-AA2, s. 1577p Section 1577p. 59.52 (29) (f) and (g) of the statutes are created to read:

AB133-ASA1-AA2,204,13 59.52 (29) (f) The board shall ensure that the specifications for bids and contracts for construction projects entered into under this subsection do not do any of the following:

AB133-ASA1-AA2,204,16 1. Require any bidder, contractor or subcontractor to enter into or to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,204,19 2. Discriminate against any bidder, contractor or subcontractor for refusing to enter into or continue to adhere to an agreement with any labor organization concerning services to be performed in relation to the project or a related project.

AB133-ASA1-AA2,204,22 3. Require any bidder, contractor or subcontractor to enter into, continue to adhere to or enforce any agreement that requires its employes, as a condition of employment, to do any of the following:

AB133-ASA1-AA2,204,23 a. Become members of or become affiliated with a labor organization.

AB133-ASA1-AA2,205,3 b. Make payments to a labor organization, without the authorization of the employes, exceeding the employes' proportionate share of the cost of collective bargaining, contract administration and grievance adjustment.

AB133-ASA1-AA2,205,8 (g) Any taxpayer of this state or any other person who enters into contracts or subcontracts for building construction services may bring an action to require compliance with par. (f). If that person prevails in his or her action, the court shall award to that person reasonable actual attorney fees in addition to other costs allowed to prevailing parties under ch. 814.".

AB133-ASA1-AA2,205,9 536. Page 761, line 22: delete lines 22 to 25.

AB133-ASA1-AA2,205,10 537. Page 762, line 1: delete lines 1 to 12.

AB133-ASA1-AA2,205,11 538. Page 763, line 10: after that line insert:

AB133-ASA1-AA2,205,12 " Section 1579u. 59.692 (6m) of the statutes is created to read:

AB133-ASA1-AA2,205,17 59.692 (6m) For an amendment to an ordinance enacted under this section that affects an activity that meets all of the requirements under s. 281.165 (1) to (5), the department may not proceed under sub. (6) or (7) (b) or (c), or otherwise review the amendment, to determine whether the ordinance, as amended, fails to meet the shoreland zoning standards.".

AB133-ASA1-AA2,205,18 539. Page 763, line 23: after that line insert:

AB133-ASA1-AA2,205,19 " Section 1580n. 60.47 (2) (a) of the statutes is amended to read:

AB133-ASA1-AA2,205,23 60.47 (2) (a) No town may enter into a public contract with an estimated cost of more than $5,000 but not more than $10,000 $30,000 unless the town board, or a town official or employe designated by the town board, gives a class 1 notice under ch. 985 before execution of that public contract.

AB133-ASA1-AA2, s. 1580nc Section 1580nc. 60.47 (2) (b) of the statutes is amended to read:

AB133-ASA1-AA2,206,5 60.47 (2) (b) No town may enter into a public contract with a value of more than $10,000 $30,000 unless the town board, or a town official or employe designated by the town board, advertises for proposals to perform the terms of the public contract by publishing a class 2 notice under ch. 985. The town board may provide for additional means of advertising for bids.